IN THE CASE OF: BOARD DATE: 12 August 2008 DOCKET NUMBER: AR20080011705 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 (RE) Code 3 be corrected to read RE Code 1. 2. The applicant states, in effect, that he received an honorable characterization of service and the RE Code 3 implies that he did something wrong. 3. The applicant provides a copy of his Certificate of Release or Discharge from Active Duty (DD Form 214). 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. On 3 February 1994, the applicant enlisted in the Regular Army for 4 years. He completed his initial training to include the Basic Airborne Course and was awarded military occupational specialty 35E1P (Radio/Communication Security Repairer with parachutist qualification). 3. On 13 August 1997, the applicant entered the United States Army Reserve Control Group (Reserve Officer Training Corps). 4. On 21 August 1997, the applicant was honorably discharged for the purpose of entering the officer training program. He had completed 3 years, 6 months and 19 days of creditable service. He was given a Separation Program Designator (SPD) Code KGX and an RE Code 3. His character of service was honorable. 5. Army Regulation 601-210 prescribes eligibility criteria, policies, and procedures for enlistment and processing into the Regular Army (RA) and the Army Reserve. Chapter 3 of that regulation prescribes basic eligibility for prior service applicants for enlistment and includes a list of armed forces RE Codes including RA RE codes. RE 3 applies to persons separated from their last period of service with a waivable disqualification. RE 1 applies to persons separated from their last period of service who are fully eligible for reenlistment. That regulation further provides that RE codes may only be changed if they are determined to be administratively incorrect. 6. Army Regulation 635-5-1 (SPD Codes) provides the specific authorities and reasons for separating Soldiers from active duty, and the SPD codes to be entered on the DD Form 214. The SPD code of KGX was the appropriate code for the applicant based upon the guidance provided in Army Regulation 635-5-1 for Soldiers separating for the purpose of entering an officer training program. Additionally, Table 2-3 (SPD/RE Code Cross Reference Table), Army Regulation 635-5 (Separation Documents) establishes RE Code 1 as the proper RE code to assign to Soldiers for this reason. DISCUSSION AND CONCLUSIONS: 1. The evidence of record clearly shows that the applicant was released from active duty for the purpose of entering an officer training program. Furthermore, the governing regulations provide for an SPD KGX and RE code 1 for Soldiers who are released for such training. 2. In view of the above, the applicant’s DD Form 214 should be corrected to show an RE code 1 for his active duty service that ended on 21 August 1997. BOARD VOTE: _____X__ ___X____ ___X____ GRANT FULL RELIEF ________ ________ ________ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING ________ ________ ________ DENY APPLICATION BOARD DETERMINATION/RECOMMENDATION: The Board determined that the evidence presented was sufficient to warrant a recommendation for relief. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by showing in Item 27 (Reentry Code) of his DD Form 214 an RE Code 1. __________ _ 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) AR20070016793 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20080011705 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1