IN THE CASE OF:	  

		BOARD DATE:	    15 March 2010

		DOCKET NUMBER:  AR20100022286 


THE BOARD CONSIDERED THE FOLLOWING EVIDENCE:

1.  Application for correction of military records (with supporting documents provided, if any).

2.  Military Personnel Records and advisory opinions (if any).


THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:

1.  The applicant requests his reentry eligibility (RE) code be changed from RE-3 to RE-1.

2.  The applicant states he was told by a recruiter that his RE-3 indicates he was separated for something other than his expiration of term of service (ETS).

3.  The applicant provides his DD Form 214 (Certificate of Release or Discharge from Active Duty).

CONSIDERATION OF EVIDENCE:

1.  The applicant's military records show he enlisted in the Regular Army on 20 July 2004, was awarded the military occupational specialty of power generation equipment mechanic, reenlisted on 9 March 2007, and was promoted to pay grade E-5.

2.  On 14 August 2009, the applicant signed a DA Form 4991-R (Declination of Continued Service Statement (DCSS)) wherein he declined to extend his enlistment to establish the 24 months of service required to be reassigned to Fort Irwin, CA.  In the declination of service he acknowledged he understood he was prohibited from reenlistment or extension of enlistment and that he was prohibited to apply for reentry into the Active Army for a period of at least 93 days if separated at normal ETS and at least 2 years if voluntarily separated before ETS.

3.  On 20 April 2010, the applicant was honorably released from active duty at his ETS.

4.  Pertinent Army regulations provide that prior to discharge or release from active duty, individuals will be assigned RE codes based on their service records or the reason for discharge.  Army Regulation 601-210 (Active and Reserve Components Enlistment Program) covers eligibility criteria, policies, and procedures for enlistment and processing into the Regular Army, U.S. Army Reserve, and Army National Guard.  Chapter 3 prescribes basic eligibility for prior-service applicants for enlistment and includes a list of Armed Forces RE codes.

5.  Army Regulation 601-210 shows RE-1 is assigned to individuals who are fully qualified for enlistment at the time of separation.  RE-3 is assigned to individuals who are not qualified for continued Army service, but the disqualification is waivable.  Soldiers assigned an RE-3 are ineligible for enlistment unless a waiver is granted.

DISCUSSION AND CONCLUSIONS:

While the applicant was released from active duty at his ETS, he was ineligible to reenlist at the time of separation because he signed a DCSS.  As such, he was properly assigned an RE-3.

BOARD VOTE:

________  ________  ________  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
      
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.

ABCMR Record of Proceedings (cont)                                         AR20100022286



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ABCMR Record of Proceedings (cont)                                         AR20100022286



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