ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS


	IN THE CASE OF:  

	BOARD DATE:  23 August 2019

	DOCKET NUMBER:  AR20170011375


APPLICANT REQUESTS:  a change to his Reentry (RE) Code and a personal 
appearance before the Board

APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: 

*	DD Form 149 (Application for Correction of Military Record)
*	DD Form 214 (Certificate of Release or Discharge from Active Duty)

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 attempted to investigate the reason why he was given a 
reentry code of 3 instead of 1.  He requested all his military records from the National 
Personnel Records Center but no paperwork or documents i.e. disciplinary actions were 
found that explain why he was given a reentry code of 3.  He is a war veteran and 
wishes to further serve his country by going into the Army Reserves.

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

   a.  He enlisted in the US Army Reserves on 25 July 2002 and later enlisted in the 
Regular Army on 22 October 2002.
   
   b.  He served in Iraq from 20 August 2006 to 15 August 2007.
   
   c.  The complete facts and circumstances surrounding his discharge are not 
available to the Board for review due to no separation packet; however, on 21 Oct 2008, 
he was honorably discharged under the provisions of AR 635-200, Chapter 4.  He was 
assigned Separation Code “LBK” and RE Code 3.

4.  By regulation, (AR 635-1) Separation Code “LBK” Expiration Term of Service when 
used carries a RE code of “3”.

5.  An RE 3 applies to persons who are not considered fully qualified for reentry or 
continuous service at the time of separation, but the disqualification is waivable.  If the 
applicant still desires to reenter the military, he should contact a local recruiter who can 
advise a former service member as to the needs of the Army at the time.

BOARD DISCUSSION:

The applicant's request for a personal appearance hearing was carefully considered.  In 
this case, the evidence of record was sufficient to render a fair and equitable decision.  
As a result, a personal appearance hearing is not necessary to serve the interest of 
equity and justice in this case.

After reviewing the application and all supporting documents, the Board found relief was 
not warranted.  The applicant’s contentions were carefully considered.  The Board is not 
an investigative body.  It is the applicant’s responsibility to show there is an error or 
injustice within the record.  The Board applied Department of Defense standards of 
liberal consideration to the complete evidentiary record and did not find any evidence of 
error, injustice, or inequity; the reentry code was correctly provided at his time of 
separation based upon the separation code.  He contends he would like to enlist in the 
USAR.  The reentry code 3 allows for enlistment if a waiver is provided.

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.

	  
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.

ADMINISTRATIVE NOTE(S):
Not Applicable

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 (AR) 601-210 (Active and Reserve Components Enlistment 
Program) states the criteria, policies, and procedures for enlistment and processing.  
The regulation provides that prior to discharge or release from active duty, individuals 
will be assigned an RE code based on their service records or the reason for discharge.   
Table 3-1 states:

    a.  RE 1 Applies to person completing his/her term of active service who is 
considered qualified to reenter the U.S. Army.  Qualified for enlistment if all other criteria 
are met.

   b.  RE 3 applies to person who is not considered fully qualified for reentry or 
continuous service at time of separation, but disqualification is waivable.  Ineligible 
unless a waiver is granted.  
   
//NOTHING FOLLOWS//

ABCMR Record of Proceedings (cont)	 AR20170011375

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