BOARD DATE:	  11 June 2013

		DOCKET NUMBER:  AR20120019990 


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 correction of her DD Form 214 (Certificate of Release or Discharge from Active Duty) to show her reentry eligibility (RE) code as "1."

2.  The applicant states a U.S. Army Human Resource Command (HRC), Fort Knox, KY, official informed her that she was assigned the incorrect RE code at the time of her discharge from the Army.

3.  The applicant provides no additional evidence.

CONSIDERATION OF EVIDENCE:

1.  The applicant's military records show she entered active duty in the rank of sergeant/E-5 as a member of the U.S. Army Reserve (USAR) on 13 December 2004.  She served in military occupational specialty 79R (Recruiter).

2.  On 25 May 2012, she was honorably released from active duty (REFRAD) in the rank of sergeant first class (SFC)/E-7 by reason of "completion of required active service."  Her DD Form 214 for this period of service shows:

* item 25 (Separation Authority) – "AR 635-200, CHAP 4"
* item 26 (Separation Code) – "MBK"
* item 27 (Reentry Code) – "NA"

3.  The applicant's record is void of any evidence that she was ineligible for, or was denied reenlistment, or that she signed a Declination of Continued Service Statement.  Further, she had no time lost due to being absent without leave, she was never confined, and had not reached her retention control point as an SFC/E-7 (26 years).

4.  Army Regulation 635-200 (Active Duty Enlisted Administrative Separations) sets forth the basic authority for the separation of enlisted personnel.  Chapter 4 provides for the discharge or release from active duty upon termination of enlistment and other periods of active duty or active duty for training.  A Soldier separated upon expiration of enlistment or fulfillment of service obligation will be awarded a character of service of honorable unless the Soldier is in an entry-level status and service is uncharacterized.

5.  Pertinent Army regulations provide that individuals will be assigned RE codes prior to discharge or release from active duty 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, USAR, and Army National Guard.  

6.  Army Regulation 635-5 (Separation Documents) prescribes the separation documents that must be prepared for Soldiers on retirement, discharge, or release from active duty service or control of the Active Army.  It establishes standardized policy for preparing and distributing the DD Form 214.  Paragraph 2-4 states Army Regulation 601-210 determines Regular Army and USAR reentry eligibility and provides regulatory guidance for the RE codes.  Specifically, "these codes are not applicable to officers, USMA [U.S. Military Academy] cadets who fail to graduate or enter USMA from active duty status, or to RC [Reserve Component] Soldiers being separated for other than cause."

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends her assigned RE code should be changed from "NA" to "1."

2.  By regulation, RE codes are only applicable to Reserve Component Soldiers who are separated from active duty for cause.  In this case, the applicant was separated by reason of "completion of required service," not for cause.  Accordingly, "NA" shown in item 27 of her DD Form 214 is correct as entered.

3.  In view of the foregoing, there is no basis to grant the requested relief.


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)                                         AR20120019990



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ABCMR Record of Proceedings (cont)                                         AR20120019990



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