BOARD DATE:	  23 August 2011

		DOCKET NUMBER:  AR20110003489 


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 be changed to a code that will allow him to enlist in the National Guard or Reserve.

2.  The applicant states that at the time he retired the retention control point for an E-6 was 20 years; however, it has since been changed to 24 years and he would like to serve in the Reserve or the National Guard if they have a use for him.

3.  The applicant provides a copy of his 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.  The applicant enlisted in the Regular Army on 8 July 1981 and served through a series of continuous reenlistments until he was honorably retired in the pay grade of E-6 on 31 July 2001 and was placed on the Retired List effective           1 August 2001. 

3.  He had served 20 years and 23 days of active service and he was assigned an RE code of "4R" and a separation code of RBD to denote separation under chapter 12 of Army Regulation 635-200.  

4.  Pertinent Army Regulations provide that prior to discharge or release from active duty individuals will be assigned RE codes, based on their service records or reason for discharge.  Army Regulation 601-210 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.

5.  The Separation Designator Code (SPD)/RE Code Cross Reference Table states that when the SPD code is RBD then RE code 4R will be given.
  
6.  An RE code of "4R" indicates that a person is not qualified for continued Army service by virtue of being separated from the service with a nonwaivable disqualification such as a length of service retirement.  

DISCUSSION AND CONCLUSIONS:

1.  The applicant’s separation and retirement was accomplished in accordance with applicable regulations with no indication of any violations of the applicant’s rights. 

2.  Accordingly, he was properly assigned an RE code of “4R” in accordance with the applicable regulation. 

3.  While the applicant’s desire to serve again is appreciated, there are no provisions to change a properly assigned RE code. 


BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

__x_____  ___x____  ___x_____  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  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.

2.  The Board wants the applicant and all others concerned to know that this action in no way diminishes the sacrifices made by the applicant in service to our Nation.  The applicant and all Americans should be justifiably proud of his service in arms. 



      _______ _  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)                                         AR20110003489



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ABCMR Record of Proceedings (cont)                                         AR20110003489



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