ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 9 October 2019 DOCKET NUMBER: AR20170014692 APPLICANT REQUESTS: correction of his Reentry eligibility (RE) Code of 3 to be changed to RE Code 2 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 (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 he is a student at the Navarro college police academy. He is not being allowed to take the state certification test with a reenlistment code of “3”. He believe the record to be in error because as a combat medic, he treated and cared for many Soldiers, family members, as well as, Iraqi civilians during Desert Storm and Desert Shield. It has been more than 25 years since his discharge and he is applying to become a police officer. 3. The applicant provides his DD Form 214, which shows his service from 6 February 1990 to 24 October 1991. 4. A review of the applicant’s service record shows: a. He enlisted in the Regular Army on 6 February 1990. He held the military occupational specialty (MOS) 91A (Medical Specialist). He was assigned to Headquarters and Headquarters Battery, 3rd Battalion, 17th Field Artillery, Germany. b. His DD Form 214 shows he was honorably discharged on 24 October 1991, under the provisions of Army Regulation (AR) 635-200 (Personnel Separations – Enlisted Personnel), paragraph 14-12c, misconduct-commission of a serious offense, assigned a separation designation code (SPD) of JKQ – misconduct, commission of a serious offense and an Reentry Code (RE) of 3, in accordance with AR 601-210 (Regular Army and Army Reserve Enlistment Program). His DD Form 214 shows his character of service was under honorable conditions, general. He held the rank of Private/E1 and completed 1 year, 7 months and 28 days net active service this period. He had lost time from 10 through 30 July 1991. It also shows he was awarded or authorized: c. He was issued a DD Form 215 (Correction to DD Form 214, Certificate of Release or Discharge from Active Duty) on 11 February 1993, to delete the Southwest Asia Service Medal with two bronze stars and to add the Southwest Asia Service Medial with three bronze stars/Kuwait Liberation Medal. 5. By regulation AR 601-210 governs eligibility criteria, policies, and procedures for enlistment and processing of persons into the Regular Army (RA) and the Army Reserve (USAR). Table 3-6 shows the list of the RA RE codes. The RE-3 applies to Soldiers who are not considered fully qualified for reentry or continuous service at the time of separation, but the disqualification is waivable; those individuals are ineligible unless a waiver is granted. BOARD DISCUSSION: After reviewing the application and all supporting documents, the Board found relief was not warranted. The applicant’s contentions were carefully considered. Evidence of record shows he was provided a reentry code that coincided with his reason for separation and the separation code. The Board agreed there was no error or injustice in this case, which would warrant a change to the applicant’s record. 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. 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. AR 601-210 (Regular Army and Army Reserve Enlistment Program) in effect at the time, covers eligibility criteria, policies, and procedures for enlistment and processing into the RA and the USAR. Table 3-8 included a list of the RA RE codes. * RE-1 applies to Soldiers completing their term of active service who are considered qualified to reenter the Army; they are qualified for enlistment if all other criteria are met * RE-3 applies to Soldiers who are not considered fully qualified for reentry or continuous service at the time of separation, but the disqualification is waivable; those individuals are ineligible unless a waiver is granted * RE-4 applies to Soldiers ineligible for reentry 3. AR 635-5 (Separation Documents), in effect at the time, shows the SPD/RE Code Cross Reference, table 2-3. It specified in step 5 to check records for the following disqualifications and assign code as shown: It shows that the RE-3 would be assigned members who for any reason of the following: * local bar to reenlistment (less than 18 years active service) * court-martial conviction * denied waiver request * denied reenlistment * reenlistment ineligible //NOTHING FOLLOWS// ABCMR Record of Proceedings (cont) AR20170014692 3 1