ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS


IN THE CASE OF: 
BOARD DATE:  3 May 2019
DOCKET NUMBER: AR20170000484


APPLICANT REQUESTS:  his Reentry (RE) Code is changed to RE-1.

APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD:

* DD Form 149 (Application for Correction of Military Record)
* DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge)
   * DD Form 256A (Honorable Discharge Certificate) FACTS:
1. The applicant did not file within the three year time frame provided in Title 10, United States Code (USC), section 1552 (b); however, the Army Board for Correction of Military Records conducted a substantive review of this case and determined it is in the interest of justice to excuse the applicant's failure to timely file.

2. The applicant states he was denied reenlistment due to the varicose veins in his right lower leg and injury to his right knee. Also, he states that he was not given an explanation of the Reentry (RE) code-3B on his DD Form 214. He requests an explanation and reasoning for RE-3B and asks that the military reenlistment code is changed on the DD Form 214 to reflect RE-1.

3. A review of the applicant’s service records shows the following:

   a. He enlisted in the Regular Army on 10 March 1971.

b. He received nonjudicial punishment for being absent without leave:

* on 10 January 1972 to 10 January 1972
* on 10 January 1973 to 10 January 1973

   c. He was honorably released from active duty on 9 March 1973. His DD Form 214 shows he was discharged under the provisions of paragraph 2 of Army Regulation
   a. 

(Personnel Separation) 635-200 with an honorable characterization of service. He completed 2 years, 11 months, and 28 days with 2 days of lost time.  It also shows in:

* Item 15 (Reentry Code): 3B
* Item 26a (Non-Pay Period Time Lost): 20 December 1972 to 20 December 1972 and 1 January 1973 to 1 January 1973.

4. By regulation, RE-3B is applicable to enlisted persons who have time lost during their last period of service. Soldiers are not eligible for immediate reenlistment unless waiver is granted.

BOARD DISCUSSION:

After reviewing the application and all supporting documents, the Board found that relief was not warranted. Based upon the documentary evidence presented by the applicant and found within the military service record, the Board concluded there was insufficient justification presented by the applicant to change the reentry code for the applicant’s administrative separation.  Additionally, the Board found no error or injustice which would warrant making a change; therefore, the Board recommended denying the applicant’s request for relief.

BOARD VOTE:

Mbr 1
Mbr 2
Mbr 3

:
:
:
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 the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned.

5/10/2019
X 

CHAIRPERSON
Signed  by: 
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.


REFERENCES:


1. Title 10, USC, section 1552(b), provides that applications for correction of military records must be filed within three 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 three-year statute of limitations if the ABCMR determines it would be in the interest of justice to do so.

2. Army Regulation 601-280 (Personnel Procurement – Regular Army Reenlistment Program), in effect at the time, prescribes basic eligibility criteria for persons currently in the Active Army for immediate reenlistment.  Table 1-3, Reenlistment Eligibility Codes for Reenlistment in the Regular Army, includes a list of RE codes:

* RE-1 applies to individuals fully qualified for immediate reenlistment
* RE-3 applies to individuals not eligible for immediate reenlistment unless waiver consideration is permissible and is granted
* RE-3B also applies to individuals not eligible for immediate reenlistment unless waiver consideration is permissible and is granted by reason of having had lost time