ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 30 September 2019 DOCKET NUMBER: AR20170012199 APPLICANT REQUESTS: * Upgrade to his military discharge and the correcting of his military records by changing his reentry code “3” in block 27 (Reentry code) on his DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period ending 30 August 2000 * Personal appearance before the Board APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * USMEPCOM Form * DA Form 669 (Army Continuing Education System (ACES) Record) * DD Form 2648 (Pre-separation Counseling Checklist) * 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 (ABCMR) 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 there are too many corrections that discredit him, and he requests the upgrade to his discharge and the correction of his military records. He was given a reserve obligation when he was separated from active service, with a reentry code “3” and required a waiver to reenlist. At some point in time, he attempted to reenlist but was turned-down. He is currently a licensed vocational nurse, and would be a good asset if accepted. He would like to regain his honor and join other service men and women. His discharge was inequitable because it was based on one isolated case, which was improperly handled. He did not “rat-out” his battle buddies, and took it upon himself to blame his past. He requested not to be discharged, and endorsed psychological abuse. He had no one on his side, and said nothing in his defense. 3. The applicant provides: a. A United States Military Entrance Processing Command (USMEPCOM) enlistment screening form dated 20 September 1999. b. DA Form 669 (Army Continuing Education System (ACES) Record), dated 17 August 2000 that shows he endorsed receiving counseling on veterans educational benefits. c. DD Form 2648 (Pre-separation Counseling Checklist), dated 21 August 2000, shows his expected separation date. 4. A review of the applicant’s service records show: a. The applicant's complete service records are not available for review. This case is being considered using the available records, and his DD Form 214. b. His Army enlistment examination on Standard Form 88 (SF88) (Report of Medical Examination), dated 12 august 1999, shows his feet were considered abnormal. At the time of the examination, he was asymptomatic for mild pes planus (flat feet). He also exceeded body weight but met body fat percentage requirements. He was determined to be qualified for service. c. He enlisted in the Regular Army for 3 years on 20 September 1999. d. DA Form 2-1 (Personnel Qualification Record – Part II) shows in: * Item 4 (Military Occupational Specialties (MOS)) shows his MOSC (MOS code) as 12B10 (Combat Engineer) with a date of 13 January 2000 * Item 35 (Record of assignments) shows he was enroute to Fort Hood, TX e. Orders 241-0220, dated 28 August 2000, published by Headquarters, III Corps and Fort Hood, assigned him to the Army Transition Point at Fort Hood for transition processing. The order shows he was to be released from active duty not by reason of a physical disability. His date of release was noted as 30 August 2000. His terminal date for his reserve obligation was 11 August 2007. f. DD Form 214, for the period ending 30 August 2000, shows he served 0 years, 11 months, and 11 days, and was transferred to the U.S. Army Reserve Control Group (Annual Training) in St. Louis, MO. The DD Form 214 also shows in: * item 23 (Type of separation ) Release from active duty * Item 24 (Character of service) Honorable * Item 25 (Separation authority) Army Regulation (AR) 635 – 200 (Personnel Separations – Enlisted Personnel), Paragraph 5–18 (Oher designated physical or mental conditions) * Item 26 (Separation code) LFV * Item 27 (Reentry code) 3 * item 28 (Narrative reason for separation) physical condition, not a disability 5. By regulation (AR 635-5-1), Soldiers discharged under the provisions of AR 635-200, paragraph 5–18 are assigned Separation Code LFV. The associated corresponding RE code is RE-3. 6. By regulation (AR 15-185), 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. BOARD DISCUSSION: After reviewing the application and all supporting documents, the Board found the relief was not warranted. The applicant’s contentions were carefully considered. Evidence of record shows he was discharged for a physical condition not considered a disability, and provided a reentry code allowing a waiver for enlistment. The Board agreed there was no error or injustice in this case. 2. 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. 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 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) 635-5 (Separation Documents) prescribes the separation documents that must be prepared for Soldiers released from active duty, or control of the active Army. It establishes the standardized policy for preparing and distributing the DD Form 214. The separation document provides the individual with documentary evidence of his or her military service. The DD Form 214 is a summary of a Soldier's most recent period of continuous active duty. The DD Form 214 provides a brief, clear- cut record of active duty service at the time of a Soldiers release from active duty, retirement, or discharge, and it is not intended to have any legal effect on termination of a Soldier's service. Chapter 2 states, (item 27, Reentry code) AR 601–210 (Active and Reserve Components Enlistment Program) determines reentry eligibility and provides regulatory guidance on the RE codes. 3. AR 601-210 (Regular Army and Reserve Components Enlistment Program), states reentry (RE) codes are used for administrative purposes only. The codes are not to be considered derogatory in nature, as they are used for identification of an enlistment processing procedure. Paragraph 3-27 (correction of Army RE codes) states prior service (PS) personnel will be advised that RE codes may be changed only if they are determined to be administratively incorrect. Applicants who have correct RE codes will be processed for a waiver at their request if otherwise qualified and waiver is authorized. No requirement to change an RE code exists to qualify for enlistment. * RE code “1” applies to persons completing their term of active service who are considered qualified to reenter the U.S. Army, and their eligibility remains as qualified for enlistment if all other criteria are met * RE code “3” applies to persons who are not considered fully qualified for reentry or continuous service at time of separation, disqualification is waivable, and a person remains ineligible unless the waiver is granted * RE code “4” applies to persons separated from the last period of service with a non-waivable disqualification and includes anyone with an imposed bar to reenlistment in effect at the time of separation, or separated for any reason with 18 or more years of service, they remain ineligible for enlistment 4. AR 635 – 200 (Personnel Separations – Enlisted Personnel), sets policies, standards, and procedures to insure the readiness and competency of the force while providing for the orderly administrative separation of Soldiers for a variety of reasons. Readiness is promoted by maintaining high standards of conduct and performance. Paragraph 5 – 18 (Oher designated physical or mental conditions) states commanders may approve separation under this paragraph on the basis of other physical or mental conditions not amounting to a disability, that potentially interfere with assignment to or performance of duty. Conditions may include, but are not limited to, chronic airsickness or seasickness, enuresis, sleepwalking, dyslexia, severe nightmares, claustrophobia, and other disorders manifesting disturbances of perception, thinking, emotional control or behavior sufficiently severe that the Soldier’s ability to effectively perform military duties is significantly impaired. 5. AR 15-185 (ABCMR) prescribes the policies and procedures for correction of military records by the Secretary of the Army, acting through the ABCMR. The ABCMR begins its consideration of each case with the presumption of administrative regularity, which is that what the Army did was correct. a. 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. b. The ABCMR may, in its discretion, hold a hearing or request additional evidence or opinions. Additionally, it states in paragraph 2-11 that 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. NOTHING FOLLOWS ABCMR Record of Proceedings (cont) AR20170012199 5 1