IN THE CASE OF: BOARD DATE: 9 September 2008 DOCKET NUMBER: AR20080009906 THE BOARD CONSIDERED THE FOLLOWING EVIDENCE: 1. Application for correction of military records (with supporting documents provided, if any). 2. Military Personnel Records and advisory opinions (if any). THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE: 1. The applicant requests that his reentry eligibility (RE) code of RE-3C be upgraded so that he can enlist. 2. The applicant states, in effect, that he failed two drug tests and received non-judicial punishment (NJP) and a summary court-martial. He states that he could have reenlisted but chose to decline reenlistment at the time. He further states he has been monitoring the current events and since the age limit for enlistment was revised he now wants to enlist. 3. The applicant provides a copy of his DD Form 214 (Certificate of Release or Discharge from Active Duty) with a separation date of 1 November 1988 in support of his application. CONSIDERATION OF EVIDENCE: 1. Title 10, U.S. Code, section 1552(b), provides that applications for correction of military records must be filed within 3 years after discovery of the alleged error or injustice. This provision of law also allows the Army Board for Correction of Military Records (ABCMR) to excuse an applicant’s failure to timely file within the 3-year statute of limitations if the ABCMR determines it would be in the interest of justice to do so. While it appears the applicant did not file within the time frame provided in the statute of limitations, the ABCMR has elected to conduct a substantive review of this case and, only to the extent relief, if any, is granted, has determined it is in the interest of justice to excuse the applicant’s failure to timely file. In all other respects, there are insufficient bases to waive the statute of limitations for timely filing. 2. The applicant's military personnel record shows he enlisted in the Regular Army on 17 September 1985 for a period of 3 years and 14 weeks. He successfully completed basic combat and advanced individual training and was awarded the military occupational specialty 11B (Infantryman). 3. On 19 December 1985, the applicant was assigned to Company A, 2nd Battalion, 14th Infantry at Fort Benning, Georgia. He was promoted to specialist four/pay grade E-4 on 1 October 1987. 4. On 22 March 1988, the applicant pled not guilty and was found guilty at a summary court-martial of wrongful use of marijuana between 16 January 1988 and 1 February 1988. His sentence consisted of confinement for 15 days, forfeiture of $447.00, and reduction to private/pay grade E-1. The convening authority approved the sentence on 7 April 1988. 5. On 1 November 1988, the applicant was released from active duty by reason of being assigned to an installation or unit scheduled for inactivation. He had completed 3 years, 1 month, and 15 days of active service that was characterized as honorable. The applicant's grade on the date of separation was private/pay grade E-1. 6. Item 27 (Reenlistment Code) of the applicant's DD Form 214 contains the entry "RE-3C." 7. Army Regulation 601-210 (Regular Army and Army Reserve Enlistment Program) prescribes eligibility criteria governing the enlistment of persons, with or without prior service, into the Regular Army (RA) and the U.S. Army Reserve (USAR). Table 3-6 (Armed Forces Reenlistment Eligibility Codes) of this regulation, in effect at the time, states, in pertinent part, that RE-3C applies to persons who have completed over 4 months service who do not meet the basic eligibility pay grade requirements of Chapter 2, Army Regulation 601-280 (Army Retention Program). 8. Paragraph 3-10 of Army Regulation 601-210 provides that RE Codes may be changed only if they are determined to be administratively incorrect. 9. Army Regulation 601-280 (Total Army Reenlistment Program) prescribes the criteria for the Army Retention Program. Paragraph 2-22 of this regulation, in effect at the time, states, in pertinent part, that personnel in grade E-2, regardless of years of service completed, are not authorized reenlistment. No waivers considered. DISCUSSION AND CONCLUSIONS: 1. The applicant contends his RE code should be upgraded so he can enlist in the Army. 2. The applicant was serving in pay grade E-1 at the time he completed his required active service. Since he had completed over 4 months active service, in accordance with Army Regulation 601-210 he was not authorized reenlistment and was to be assigned an RE code of RE-3C. 3. In order to justify correction of a military record the applicant must show to the satisfaction of the Board, or it must otherwise satisfactorily appear, that the record is in error or unjust. The applicant has failed to submit evidence that would satisfy that requirement. 4. The applicant is advised that although his RE-3C code was properly assigned, this does not mean that he is totally disqualified from returning to military service. The disqualification upon which the RE-3C code was based may be waived for enlistment purposes. The applicant is advised that if he desires to enlist, he should contact a local recruiter who can best advise him on his eligibility for returning to military service. These individuals can best advise a former service member as to the needs of the service at the time and may process enlistment waivers for the applicant’s RE code. If otherwise qualified. BOARD VOTE: ________ ________ ________ GRANT FULL RELIEF ________ ________ ________ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING _____X___ ___X_____ ____X____ DENY APPLICATION BOARD DETERMINATION/RECOMMENDATION: The evidence presented does not demonstrate the existence of a probable error or injustice. Therefore, the Board determined that the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned. __________X____________ CHAIRPERSON I certify that herein is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in this case. ABCMR Record of Proceedings (cont) AR20080009906 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20080009906 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1