IN THE CASE OF:	  

		BOARD DATE:	       16 October 2008

		DOCKET NUMBER:  AR20080012549


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 the reentry (RE) code on his DD Form 214 (Certificate of Release or Discharge From Active Duty) be corrected to a "3."

2.  The applicant states his RE code was supposed to be waivable, but it is not.

3.  The applicant provides his DD Form 214 and a DA Form 1059 (Service School Academic Evaluation Report).

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 served in the Regular Army (RA) from 29 July 1998 to 5 September 2002.  His DD Form 214 shows he was honorably separated under the provisions of Army Regulation (AR) 635-200, paragraph 5-13, by reason of personality disorder.  He was given a separation (SPD) code of "JFX" and an RE code of "4."

3.  AR 601-210 (Regular Army and Army Reserve Enlistment Program) covers eligibility criteria, policies and procedures for enlistment and processing into the RA and the U.S. Army Reserve.  Chapter 3 of that regulation prescribes basic eligibility for prior service applicants for enlistment.  That chapter includes a list of armed forces RE codes, including RA RE codes.  RE 1 and 2 permit immediate reenlistment if all other criteria are met.  RE-3 applies to persons not qualified for continued Army service, but the disqualification is waivable.  An RE code of 4 indicates separation from the last period of service with a disqualification which cannot be waived and ineligibility for reenlistment.

4.  AR 635-5-1 (Separation Program Designator (SPD) Codes) provides the specific authorities (regulatory or directive), reasons for separating Soldiers from active duty, and the SPD codes to be entered on the DD Form 214.  Additionally, Table 2-3 (SPD/RE Code Cross Reference Table), AR 635-5-1 (Separation Documents) establishes RE Codes to be assigned for each SPD.

5.  A separation code of "JFX" applies to persons who are separated personality disorders under the provisions of paragraph 5-13, AR 635-200.  The SPD/RE Code Cross Reference Table valid during the applicant's separation shows that an RE code of 3 was the applicable RE code assigned for individuals separated under SPD Code "JFX."

DISCUSSION AND CONCLUSIONS:

1.  The applicant requests his RE code be changed from "4" to "3."

2.  Army regulations require that Soldiers separated for personality disorders be given an SPD code of "JFX" and an RE code of "3."

3.  The applicant's DD Form 214 reflects an incorrect RE code; his RE code should be changed from "4" to "3."


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 changing the RE code on his DD Form 214 to RE "3."



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      _______ _   _______   ___
               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)                                         AR20080012549



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ABCMR Record of Proceedings (cont)                                         AR20080012549



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