ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 12 September 2019 DOCKET NUMBER: AR20180012768 APPLICANT REQUESTS: * a correction to his DD Form 214 (Armed Forces of the United State Report of Transfer or Discharge) to change his reenlistment code (RE) from RE 3B to the proper code * an appearance before the Board APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * DD Form 214 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's request for a personal appearance hearing was carefully considered. However, by regulation, an applicant is not entitled to a hearing before the ABCMR. Hearings may be authorized by a panel of the ABCMR or by the Director of the ABCMR. In this case, the evidence of record and independent evidence provided by the applicant is sufficient to render a fair and equitable decision at this time. As a result, a personal appearance hearing is not necessary to serve the interest of equity and justice in this case. 3. The applicant stated he believe he performed his duties in a proper manner during active duty time, and should not miss the opportunity of having a proper military funeral when that time comes. He doesn’t believe that because of in mature mistake he made in the pass that he should suffer the loss of a benefits are very important to him. It's Ironic that he has all his benefits except this one. He is now 68 years of age and realized that his family and friends are proud of his military service as he. It was an honor to serve. 4. The applicant provides his DD Form 214, which shows his service from 17 October 1967 to 28 October 1970. 5. A review the applicant’s service record shows: a. He enlisted in the Regular Army on 17 October 1967. He was assigned to Company Alpha, 37th Engineer Battalion, Germany from 18 June 1968 to 27 October 1979. b. He accepted nonjudicial punishment: * 15 March 1968, for being absent without leave (AWOL) from 3 March 1968 to 13 March 1968 * 13 April 1968, he disobeyed a lawful order * 3 December 1968, he disobeyed a lawful order * 26 June 1970, AWOL from 29 May 1970 to 10 June 1970, and he disobeyed a lawful order * 31 July 1970, failed to follow lawful instructions 6. The applicant was discharged on 28 October 1970. His DD Form 214 shows he was discharged under the provisions of Army Regulation (AR) 635-200 (Personnel Separations – Enlisted Personnel), SPN 201- expiration term of service, and his service characterization is honorable conditions. He completed a period of 3 years of active service this period. He had lost time from 29 May 1970 to 10 June 1970. Item #15 shows his RE as 3B. It also shows he was awarded or authorized the: * Parachute Badge * National Defense Service Medal * Expert Marksmanship Badge (M-14) * Expert Marksmanship Badge (M-16) 7. There is no evidence the applicant has applied to the Army Discharge Review Board for review of his discharge within that board's 15-year statute of limitations. 8. AR 635-5-1 (Separation Program Designator (SPD) Codes) states SPD codes are three-character alphabetic combinations which identify reasons for and types of separation from active service. 9. By regulation 601-210, (Regular Army and Reserve Enlistment Program) paragraph 3-8, the RE Code associated with this separation is RE-3B which applies to persons who qualified for continued Army service, but the disqualification is waivable. Ineligible for enlistment unless a waiver is granted. BOARD DISCUSSION: After reviewing the application and all supporting documents, the Board determined that it could reach a fair and equitable decision in the case without a personal appearance by the applicant. The Board also determined relief was not warranted. Based upon the facts and circumstances related to the applicant’s separation, the Board concluded the RE code was appropriate. Additionally, the Board found the applicant was discharge with an Honorable discharge, so the concern about benefits should not be an issue. If the applicant is experiencing challenges, the Board recommended he applicant obtain documentation and resubmit for reconsideration of his request. However, based upon the currently information available, the Board concluded there was no evidence of an error or injustice which would warrant a correction to the applicant’s military service 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 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. AR 635-200 (Personnel Separations – Enlisted Personnel) sets forth the basic authority for the separation of enlisted personnel. 3. AR 635-5 (Personnel Separations – Separation Documents), in effect at the time, established the standardized policy for preparing and distributing the DD Form 214. The purpose of the separation document is to provide the individual with documentary evidence of their military service. Chapter 2 of the regulation in effect at the time contains guidance on the preparation of the DD Form 214. RE-3B. Not eligible for reenlistment unless waiver is granted by commander concerned. This code is only applicable to enlisted persons classified ineligible for reenlistment under table 2-5, AR 601-210 because of time lost during their last period of service. 4. 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. a. Table A-2 included a list of the RA reenlistment codes: * RE-1 individuals who were fully qualified when last separated; they are qualified for enlistment if all other criteria are met * RE-3 applies to individual who are not qualified for continued Army service, but the disqualification is waivable; those individuals are ineligible unless a waiver is granted * RE-4 applies to individuals separated from last period of service with a nonwaivable disqualification, ineligible for enlistment * RE-3B applies to Soldiers who do not meet the reentry grade and service criteria of AR 601-210, individuals who have time lost during their last period of service, and are ineligible for enlistment unless a waiver is granted b. Table 2-5 lists disqualifications for Regular Army enlistment for which a request for waiver may be submitted. * time lost during period of active service * receiving disability pension or compensation * initial civil court conviction or initial adverse juvenile adjudication for 3 or more minor traffic offenses within 18-month period preceding enlistment * initial civil court conviction or initial adverse juvenile adjudication for 6 or more minor traffic offenses during a 1-year period, non-prior service only c. Requests for waiver may not be submitted unless authorized by table 2-5. Men and women applying for enlistment in the Regular Army to whom one or more of the disqualifications listed in table 2-5 apply are ineligible to enlist unless a waiver authorizing enlistment is granted. d. For prior service personnel, only those disqualifications occurring during and/or subsequent to the last period of service, and disqualifications not previously revealed regardless of date of occurrence, are considered disqualifying. 5. AR 635-5-1 (Separation Program Designator (SPD) Codes) states SPD codes are three-character alphabetic combinations which identify reasons for and types of separation from active service. ABCMR Record of Proceedings (cont) AR20180012768 5 1