IN THE CASE OF: BOARD DATE: 26 July 2016 DOCKET NUMBER: AR20150012093 BOARD VOTE: _________ _______ ________ GRANT FULL RELIEF ________ ________ ________ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING ___x____ ___x____ ___x____ DENY APPLICATION 2 Enclosures 1. Board Determination/Recommendation 2. Evidence and Consideration IN THE CASE OF: BOARD DATE: 26 July 2016 DOCKET NUMBER: AR20150012093 BOARD DETERMINATION/RECOMMENDATION: The evidence presented does not demonstrate the existence of a probable error or injustice. Therefore, the Board determined 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. IN THE CASE OF: BOARD DATE: 26 July 2016 DOCKET NUMBER: AR20150012093 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 from "3" to "1." 2. The applicant states he was not medically disqualified as stated by the use of an RE-3. His DD Form 214 (Certificate of Release or Discharge from Active Duty) should show an RE-1 to reflect standard discharge with no conditions affecting reentry. 3. The applicant provides a copy of his DD Form 214. 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, with prior active and inactive U.S. Air Force (USAF) service, enlisted in the Regular Army on 10 March 2005. He served honorably, with two tours in Iraq and one in Afghanistan. 3. The applicant's Enlisted Record Brief show he was flagged for failure of the Army Physical Fitness Test and was not eligible for immediate reenlistment. 4. The applicant's integrated Personnel Electronic Records Management System file does not include a copy of his DD Form 214 or any separation processing documents. 5. The copy of the DD Form 214 he provided shows – * his rank as sergeant (E-5) * no obligated Reserve service * 6 years, 9 months, 1 day of active duty service this period * 3 months and 21 days of prior active duty * 1 year, 4 months, and 24 days of prior inactive service * separation under Army Regulation 635-200, Chapter 4 * a separation code of JBK * an RE code of 3 * a narrative reason for separation of Completion of Required Active Service REFERENCES: 1. Army Regulation 601-210 (Active and Reserve Components Enlistment Program) states an RE code is not upgraded unless it was administratively incorrect when originally issued. a. RE-1 applies to personnel who have completed their obligated term of active service and are considered qualified to reenter the U.S. Army if all other criteria are met. b. RE-3 applies to personnel who are not considered fully qualified for reentry or continuous service at time of separation, but whose disqualification is waivable. They are ineligible unless a waiver is granted. 2. Army Regulation 635-5-1 (SPD Codes) provides the specific authorities (regulatory or directive), reasons for separating Soldiers from active duty, and the SPD code to be entered on the DD Form 214. It states that the SPD code of JBK is to be for an involuntary separation upon completion of required active service separated under the provisions of Army Regulation 635-200 (Active Duty Enlisted Administrative Separations), chapter 4. 3. The SPD/RE Code Cross Reference Table included in the regulation establishes RE-3 as the proper code to assign members separated with this SPD code. It states that an SPD of JBK carries an RE code of 3 and is to be used if a Soldier is ineligible for or otherwise denied immediate reenlistment. DISCUSSION: 1. The applicant is mistaken in his belief that an RE-3 means he was medically discharged or disqualified. While some medical separations carry an RE-3, the RE-3 is a more generic code than just for medical issues. 2. The applicant completed his period of active duty and Reserve obligation. However, he was not eligible for immediate reenlistment due to being flagged for APFT failure. 3. Since the applicant was not eligible for immediate reenlistment the RE-3 assigned was appropriate. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20150012093 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20150012093 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2