ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS


IN THE CASE OF: 
BOARD DATE: 1 October 2019 
DOCKET NUMBER: AR20170010551

APPLICANT REQUESTS: a change of his reenlistment eligibility (RE) code from RE-3 
to RE-1 and a personal appearance.

APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD:

*	DD Form 149 (Application for Correction of Military Record)
*	DD Form 4-2 (page two of Enlistment/Reenlistment Document)
*	National Guard Bureau (NGB) Form 22 (Report of Separation and Record of 
Service)
   *	NC Army National Guard (NCARNG) letter 
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 would like to confirm his discharge RE-3 changed to RE-1. 
He needs his RE code changed in order for him to enter in the U.S. Coast Guard.

3.	The applicant provided a letter from the Department of Public Safety, Joint Force 
Headquarters, NCARNG, dated 18 December 2014. It shows that in accordance with 
(IAW) Army Regulation (AR) 601-210 (Regular Army and Reserve Components 
Enlistment Program) and ARNG Accession Options Criteria Fiscal Year 13/14, the 
applicant’s enlistment waiver was approved.

4.	A review of the applicant’s service record shows:

   a.	He enlisted in the ARNG of the U.S. on 2 April 1999. The applicant signed NGB 
Form 594-4 (Annex B of DD Form 4 (Enlistment/Reenlistment Document) Split Option 
Training). It states that he would enter on initial active duty training (IADT) for basic 
training (BT) at an active military installation and within one year from separation from
   


IADT (successful completion of BT), he was required to enter IADT again to complete 
advanced individual training (AIT).




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   c.	On 8 June 2000, his immediate commander and the personnel deputy chief of 
staff requested an exception to policy (ETP) to cancel his PH II ship date of 5 July 2000 
and to reschedule the date after 1 June 2001 due to the applicant having to attend 
summer school.

   d.	On 30 May 2001, the senior guidance counselor, Military Entrance Processing 
Station, SCARNG, Fort Jackson, SC, returned the applicant’s 201 file to his immediate 
commander, Headquarters and Headquarters Company, 108th Signal Battalion, Fort 
Jackson, SC. The applicant was a disqualified shipper (no show) for not reporting to 
training on an [unknown date(s)]. The unit was informed to either discharge him in 
accordance with (IAW) NGB policy or request a waiver/ETP.

e.	The applicant received another series of DA Form 4856s for:

*	5-6 and 23-24 June 2001, absent without leave (AWOL)
*	28 June 2001, AWOL, missed eight drills, did not ship for AIT and stated he 
would be separated for failing to ship, he acknowledged his counseling by 
signing page two

g.  His NGB Form 22, shows he was discharged from the SCARNG on
28 June 2001 under the provisions of NGR 600-200 (Enlisted Personnel Management), 
paragraph 8-26a, failure to report to IADT PH I and PH II. He completed 2 years, 2 
months, and 27 days of net service this period. His NGB Form 22 shows he was not 
awarded or authorized an award, it shows in:

*	item 23 (Authority and Reason), NGR 600-200, paragraph 8-26a, failure to 
report to initial active duty training PH I and PH II
*	item 24 (Character of Service) – uncharacterized
*	item 25 (Type of Certificate Used), blank
*	item 26 (Reenlistment Eligibility) – RE-3



5.	On 21 November 2012, the applicant requested the Army Board for Correction of 
Military Records (ABCMR) to change his RE code and reason for separation.  On 
10 September 2013, the ABCMR determined that the evidence presented did not
demonstrate the existence of a probable error or injustice. The Board determined that 
the overall merits of his case was insufficient as a basis for correction of the records of 
the applicant and denied his request.

6.	By regulation applicants do not have a right to a hearing before the ABCMR. The 
Director or the ABCMR may grant a formal hearing whenever justice requires.

7.	By regulation, NGR 600-200 states that reenlistment codes are determined at 
discharge. They provide information concerning the Soldier's service in the ARNG 
which will be considered upon future reenlistment. The NGB Form 22 is issued by the 
State or the NGB.  Changes to this form are addressed to the State or the NGB.

BOARD DISCUSSION:

After reviewing the application and all supporting documents, the Board found relief was 
not warranted. Based upon the documentary evidence provided by the applicant, the 
Board noted that the applicant did not provide any supporting documents to support or 
justify a change the record. Since the narrative reason for the discharge and the 
Separation Code is correctly annotated on the DD Form 214, in the Board Members’ 
opinion, the RE-3 is also correct and does not need to change.

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.


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.	National Guard Regulation 600-200 (Enlisted Personnel Management), in effect at 
the time, establishes standards, policies, and procedures for the management of Army 
National Guard (ARNG) enlisted Soldiers. Paragraph 8-25 (Reenlistment (RE) Codes), 
reenlistment codes are determined at discharge. They provide information concerning 
the Soldier's service in the ARNG which will be considered upon future reenlistment. 
Table 8-1 (RE Code) lists the definition of the RE codes:

*	1 - Eligible for reentry
*	2 - Persons discharged before completing a contracted period of service whose 
reenlistment is not contemplated and persons requesting discharge for reason of 
pregnancy
*	3 - Eligible only with an approved waiver

3.	AR 15-185 (ABCMR) prescribes the policies and procedures for correction of military 
records by the Secretary of the Army, acting through the ABCMR.

   a.	Paragraph 2-9 contains guidance on the burden of proof. It states, in pertinent 
part, that the ABCMR begins its consideration of each case with the presumption of 
administrative regularity, which is that what the Army did was correct.
   


   b.	The ABCMR is not an investigative body and decides cases based on the 
evidence that is presented in the military records provided and the independent 
evidence submitted with the application. The applicant has the burden of proving an 
error or injustice by a preponderance of the evidence.