IN THE CASE OF: BOARD DATE: 4 February 2016 DOCKET NUMBER: AR20150006032 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 his reentry (RE) code be changed from RE-3 to RE-1. 2. The applicant states he was separated for being overweight by three pounds based on exceeding his age/weight classification standards. Currently he is no longer in the same age/weight classification. He wants this information redacted to show that he was not barred from reenlisting. He wants an RE code of "1" that will allow him to reenlist into a different branch of military service. 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. The applicant enlisted in the Regular Army (RA) on 21 April 2004 and he held military occupational specialty 63B (wheeled vehicle mechanic). 3. His Enlisted Record Brief (ERB) shows in: * Section I (Assignment Information) – a report to suspend favorable personnel actions (Flag) was initiated on 15 January 2007 and coded "JA" (adverse action for failing the Army Physical Fitness Test (APFT)) * Section III (Service Data) – reenlistment eligibility/prohibition code of "9Z" (not in compliance with weight control standards) 4. He was honorably released from active duty (REFRAD) in pay grade E-4 on 4 May 2007. He was credited with completing 3 years of net active service and had lost time from 25 August through 8 September 2004. His DD Form 214 (Certificate of Release or Discharge from Active Duty) shows in: * Item 25 (Separation Authority) – Army Regulation 635-200 (Active Duty Enlisted Administrative Separations), chapter 4 * Item 26 (Separation Code) – the entry "LBK" * Item 27 (Reentry Code) – the entry "3" * Item 28 (Narrative Reason for Separation) – completion of required active service 5. Army Regulation 635-5-1 (Separation Program Designator (SPD) Codes), in effect at the time, provided 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. The regulation stated the SPD code of "LBK" was the correct code for RA Soldiers REFRAD for completion of required active service under the provisions of Army Regulation 635-200, chapter 4, who were ineligible for, barred from, or otherwise denied reenlistment at the completion of their contractual enlistment. The SPD/RE Code Cross Reference Table stipulates that an RE-3 code will be assigned to members separated under these provisions with an SPD code of "LBK." 6. Army Regulation 601-210 (Active and Reserve Components Enlistment Program), covered eligibility criteria, policies, and procedures for enlistment and processing into the RA and the U.S. Army Reserve. Table 3-1 included a list of the RA RE codes: * RE-1 applies to Soldiers completing their term of active service who were considered qualified to reenter the U.S. Army; they were qualified for enlistment if all other criteria were met * RE-3 applies to Soldiers who were not considered fully qualified for reentry or continuous service at time of separation, but the disqualification was waivable; they were ineligible for enlistment unless a waiver was granted 7. The ERB contains personal information, qualification skills, training, and assignment history. It is an automated management tool used in making decisions regarding the utilization of Soldiers. Section III (Service Data) contains data including a Soldier's reenlistment eligibility/prohibition code. The applicable code for this item includes code "9Z" to indicate the Soldier was ineligible for reenlistment due to not meeting weight control standards. DISCUSSION AND CONCLUSIONS: 1. The applicant enlisted in the RA on 21 April 2004. Sections I and III of his ERB show he was ineligible for reenlistment due to a Flag because he did not meet the Army weight control standards and/or for APFT failure. He was honorably REFRAD on 4 May 2007 for completion of required active service. 2. In the absence of evidence to the contrary, it is presumed that his discharge from the RA was accomplished in accordance with the laws and regulations applicable at the time. As such, it must also be presumed he received the proper RE code based on his lack of compliance with Army weight and APFT standards. The applicant failed to provide evidence to show an error or an injustice exits in his record. Thus, there is no apparent basis to change the disqualification that established the basis for his assigned SPD and RE code as shown on his DD Form 214. 3. The ABCMR does not correct records solely for the purpose of establishing eligibility for other programs or benefits. The applicant is advised that if he desires to reenter military service, he should contact a local recruiter who can best advise him on his eligibility for returning to military service. Those individuals can best advise a former service member as to the needs of the service at the time and may process enlistment waivers for his RE code. 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) AR20150006032 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20150006032 4 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1