IN THE CASE OF: BOARD DATE: 26 April 2011 DOCKET NUMBER: AR20100023448 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 correction of her reentry eligibility (RE) code. 2. The applicant states her discharge is correct, but the RE code is incorrect. 3. The applicant provides her DD Form 214 (Certificate of Release or Discharge from Active Duty). 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. She enlisted in the Regular Army on 6 July 1995. She completed training and was awarded military occupational specialty 31R (multichannel transmission systems operator/maintainer). 3. Her DD Form 214 shows she was honorably discharged on 14 March 1997 under the provisions of Army Regulation 635-40 (Physical Evaluation for Retention, Retirement, or Separation), paragraph 4-24b(3), for disability with severance pay. 4. Item 25 (Separation Authority) of her DD Form 214 shows the entry "Army Regulation 635-40, paragraph 4-24b(3)." Item 26 (Separation Code) shows the entry "JFL." Item 27 (Reentry Code) shows the entry "4." Item 28 (Narrative Reason for Separation) shows the entry "disability, severance pay." 5. Army Regulation 635-5-1 (Separation Program Designator (SPD) Codes) prescribes the specific authorities (regulatory, statutory, or other directives), the reasons for the separation of members from active military service, and the SPD codes to be used for these stated reasons. The regulation states the reason for discharge based on SPD code "JFL" is "disability, severance pay" and the regulatory authority is Army Regulation 635-40, paragraph 4-24b(3). 6. Army Regulation 635-200 states that individuals will be assigned RE codes based on their service records or the reason for discharge prior to discharge or release from active duty. Army Regulation 601-210 (Active and Reserve Components Enlistment Program) covers eligibility criteria, policies, and procedures for enlistment and processing into the Regular Army, U.S. Army Reserve, and Army National Guard. Table 3-1 includes a list of the Regular Army RE codes: a. RE-3 applies to Soldiers who are not considered fully qualified for reentry or continuous service at time of separation, but disqualification is waivable. They are ineligible for enlistment unless a waiver is granted. b. RE-4 applies to Soldiers who are separated from their last period of service with a nonwaivable disqualification. They are ineligible for enlistment. 7. The SPD Code/RE Code Cross Reference Table, dated 20 September 1993, shows that when the SPD is "JFL," an RE code of 3 will be given. DISCUSSION AND CONCLUSIONS: Her contention that her RE code is incorrect has merit. Item 27 of her DD Form 214 incorrectly shows the entry "4." The evidence of record shows that when the SPD is "JFL," the Soldier's RE code should be "3." Therefore, it would be appropriate to correct item 27 of her DD Form 214 to show the entry "3." BOARD VOTE: ____X___ ____X___ ___X____ GRANT FULL RELIEF ________ ________ ________ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING ________ ________ ________ DENY APPLICATION BOARD DETERMINATION/RECOMMENDATION: The Board determined the evidence presented is 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 deleting the entry in item 27 of her DD Form 214 and replacing it with "3." ____________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) AR20100023448 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20100023448 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1