IN THE CASE OF: BOARD DATE: 21 June 2012 DOCKET NUMBER: AR20110022115 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 her reentry eligibility (RE) code be changed from RE-3 to RE-1. 2. The applicant states: * no one is accepting another RE code * she tried to get a waiver no one is processing any waivers * she has tried to go on active duty for the last few years and each time she was told that her RE-3 could not "get her in" * none of the other services are processing waivers * she is basically stuck in her position and she is looking for a second chance to better her career in the military * she needs the Board’s approval for an upgrade of her RE code * she is currently a member of the Army National Guard 3. The applicant provides no additional evidence. 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 17 June 2000, the applicant enlisted in the Regular Army for 4 years. 3. The applicant was counseled on at least 11 separate occasions for unsatisfactory performance, due to failure to meet minimum standards of 60 points in each event on the Army Physical Fitness Test. 4. On 18 May 2001, the applicant was notified that she was being recommended for discharge under the provisions of Army Regulation 635-200, chapter 13, for unsatisfactory performance. She acknowledged receipt of the notification on 21 May 2001. 5. The recommendation for discharge was approved on 13 June 2001. The applicant was honorably discharged on 27 June 2001 under the provisions of Army Regulation 635-200, chapter 13, for unsatisfactory performance. She completed 11 months and 11 days of net active service. 6. Item 26 (Separation Code) on her DD Form 214 shows she was assigned a separation program designator (SPD) code of "JHJ" (due to unsatisfactory performance) and item 27 (Reentry Code) shows she received an RE code of "3." 7. Army Regulation 601-210 (Active and Reserve Components Enlistment Program) states that prior to discharge or release from active duty, individuals will be assigned RE codes based on their service records or the reason for discharge. Army Regulation 601-210 covers eligibility criteria, policies, and procedures for enlistment and processing into the Regular Army, U.S. Army Reserve, and Army National Guard. Chapter 3 prescribes basic eligibility for prior-service applicants for enlistment and includes a list of Armed Forces RE codes. An RE-3 applies to persons who have a waivable disqualification. 8. Army Regulation 635-5-1 (SPD Codes) prescribes the specific authorities (regulatory, statutory, or other directives) and reasons for the separation of members from active military service and the SPD code to be used for these stated reasons. 9. The SPD/RE Code Cross Reference Table provides instructions for determining the RE code for Regular Army Soldiers and Reserve Component Soldiers separated for cause. The SPD code of "JHJ" has a corresponding RE code of "3." DISCUSSION AND CONCLUSIONS: 1. The applicant's contentions have been noted. 2. There is no error or injustice in the RE code she received. Her records show that she was discharged from the Army for unsatisfactory performance. She was assigned an SPD code of "JHJ" which coincides with her reason for discharge. She was assigned an RE code "3" which coincides with her SPD code. 3. The applicable regulation shows the SPD code of "JHJ" is assigned when the reason for discharge is unsatisfactory performance. Although the applicant desires to reenter the military it is insufficient justification for granting the relief requested. 4. An RE code of "3" applies to persons who are not considered fully qualified for reentry or continuous service; however, it does allow for a waiver of the disqualification. Therefore, if she desires to reenlist, she should continue to contact her local recruiter to determine her eligibility. Recruiting personnel can best advise a former service member as to the needs of the Army at the time and are required to process waivers of RE codes. 5. In view of the foregoing, her request should be denied. 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) AR20110022115 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20110022115 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1