APPLICANT REQUESTS: That his reentry (RE) code of RE-3A be changed to RE-1.
APPLICANT STATES: That he signed a declination of continued service (DCSS) when he received orders assigning him to Korea because he would have had to have extended his reenlistment to fulfill the time remaining requirement for that tour of duty, which he did not want to do because he had plans to further his education as a civilian and then return to military service. He was assured that if he signed the DCSS that he would be separated from active duty at the expiration of his term of service (ETS). However, he was retained beyond his ETS due to the Persian Gulf war which, he contends, invalidated his DCSS.
EVIDENCE OF RECORD: The applicant's military records show:
He enlisted in the Regular Army for 3 years on 5 July 1985 in pay grade E-1. He was promoted to pay grade E-4 and extended his enlistment for 2 months on 16 December 1986 to satisfy a service remaining requirement. He was promoted to pay grade E-5 and reenlisted for 3 years on 16 February 1988.
On 3 January 1990 he was advised that in order to comply with his assignment instructions for Korea, he must have 12 months remaining on his enlistment effective 1 September 1990. He refused to extend or reenlist to meet the length of service requirement and signed a DCSS. He was advised, in pertinent part, that he would be prohibited from enlisting for at least 93 days after separation and that he would be assigned an RE code of RE-3A.
The applicant was honorably released from active duty on 13 May 1991 under the authority of Army Regulation 635-200, chapter 4, ETS. The DD Form 214 he was issued shows that he had a total of 5 years, 10 months and 9 days of service and was assigned an RE code of RE-3A. That form also shows that the applicant was retained on active duty for 87 days as essential to national security (due to the commencement of hostilities during Operation Desert Shield/Desert Storm).
A DA message, dated 12 January 1990, subject: Voluntary Separation of Soldiers Barred from Reenlistment, stated, in pertinent part, that an individual who signed a DCSS and remained on active duty until ETS would be separated under the authority of Army Regulation 635-200, chapter 4, and assigned an RE code of RE-3A. The individual would be ineligible to reenlist for a period of 93 days and would require a waiver prior to reentry. The message further stated that an individual who elected to be separated prior to ETS would be separated under the authority of Army Regulation 635-200, paragraph 16-5, DCSS, and assigned an RE code of RE-3. The individual would be ineligible to reenlist for a period of 2 years and would require a waiver prior to reentry. Both the RE-3 and RE-3A codes may be waived at the discretion of the Department.
DISCUSSION: Considering all the evidence, allegations, and information presented by the applicant, together with the evidence of record and applicable law and regulations, it is concluded:
1. The evidence of record shows that the applicant signed a DCSS and was separated under the authority of chapter 4, ETS. Therefore, the assignment of an RE code of RE-3A was appropriate.
2. He was informed at the time he signed the DCSS that he would be assigned an RE code of RE-3A. Also, the applicable policy in effect at that time stated he would receive an RE code of RE-3A.
3. Although the applicant was retained on active duty for a short period of time during Operation Desert Shield/Storm, that fact does not negate the applicability of his DCSS. There is no evidence that the applicant attempted to comply with his service remaining requirement during the 87 days he was retained on active duty. In the absence of evidence that the applicant had a change of heart and attempted to reenlist or extend his reenlistment during that time, there is no reason to grant him an exception to policy to reenlist.
4. In view of the foregoing, there is no basis for granting the applicants request.
DETERMINATION: The applicant has failed to submit sufficient relevant evidence to demonstrate the existence of probable error or injustice.
BOARD VOTE:
GRANT
GRANT FORMAL HEARING
DENY APPLICATION
David R. Kinneer
Executive Secretary
ARMY | BCMR | CY1995 | 9511111C070209
The applicant requests that his reentry (RE) code of RE-3B be corrected to the RE code he should have been assigned. Chapter 3 of that regulation prescribes basic eligibility for prior service applicants for enlistment. He was informed at the time he signed the DCSS that he would be assigned an RE code of RE-3A.
ARMY | BCMR | CY2002 | 2002078234C070215
The applicant requests correction of military records as stated in the application to the Board and as restated herein. He states that he had a RE code of 1 prior to his discharge and was told that the RE code issued to him would not allow him to enlist in the United States Army Reserve (USAR). EVIDENCE OF RECORD : The applicant's military records show:
ARMY | BCMR | CY2012 | 20120008714
The applicant enlisted in the U.S. Army Reserve (USAR) on 11 February 2003, served on active duty for 4 months and 13 days and as an active member of a Troop Program Unit for 1 year, 11 months, and 27 days. Army Regulation 601-210 (Regular Army and Army Reserve Enlistment Program) governs eligibility criteria, policies, and procedures for enlistment and processing of persons into the Regular Army and the U.S. Army Reserve for enlistment and reenlistment. Army Regulation 601-280 states that...
ARMY | BCMR | CY2002 | 2002072438C070403
This records review revealed no evidence in regard to the applicant’s SPD code assignment upon his separation in 1989. The evidence of record indicates that at the completion of his first period of service on 24 January 1989, the applicant was assigned a SPD code of JBK and a corresponding RE code of RE-3A. However, based on a review of the applicant’s record for his period of active duty service that ended on 16 June 1991, the Board finds no indication that the applicant was barred from,...
ARMY | BCMR | CY2013 | 20130010360
Between January and March 2011, there was a Military Personnel (MILPER) Message, Subject: Change to Retention Control Point (RCP) for Enlisted Soldiers Serving in the Regular Army (RA) or Under Active Guard Reserve (AGR) Title 10 Programs, briefed to all career counselors that all RCP dates were going to be effective 1 June 2011 (his ETS date was 19 June 2011). ; (3) first his unit received orders which showed he was "Authorized full separation pay" and after that the DCSS issue came up;...
ARMY | BCMR | CY2002 | 2002074223C070403
The applicant requests correction of military records as stated in the application to the Board and as restated herein. He was alerted for assignment prior to his expiration of term of service (ETS) and was forced to sign a Declination of Continued Service Statement (DCSS). Pertinent Army regulations provide that prior to discharge or release from active duty, individuals will be assigned reentry codes, based on their service records or the reason for discharge.
ARMY | BCMR | CY2013 | 20130014807
THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE: 1. The SPD code of MBK is the correct code for RA Soldiers eligible to reenlist, or with a DCSS in force, who are discharged under the provisions of Army Regulation 635-200, chapter 4, upon the completion of their enlistment and transferred to the Reserve components to complete military service obligation. The SPD code of MBK has a corresponding RE code of "RE-3" when a Soldier's record indicates the Soldier has signed a DCSS.
ARMY | BCMR | CY2002 | 2002073573C070403
The applicant requests correction of military records as stated in the application to the Board and as restated herein. She had completed 6 years and 9 days of total active service and the DD Form 214 that she was furnished shows that the separation authority as Army Regulation 635-200, paragraph 16-5B. The applicant contention that the Board’s prior decision states that she did not complete her tour on active duty is unsupported by the evidence of record.
ARMY | BCMR | CY2011 | 20110020942
The SPD code of "MBK" is the correct code for Soldiers REFRAD for completion of required active service under the provisions of chapter 4, Army Regulation 635-200. This code is used for RA Soldiers eligible to reenlist or with a DCSS who are REFRAD on completion of enlistment and transferred to the Reserve components to complete military service obligation. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by adding to item...
ARMY | BCMR | CY2001 | 2001059923C070421
The applicant further indicated in the signed DCSS that he understood the effects his refusal would have on his Army career and on any future decision he might make concerning reenlistment or enlistment after separation. The SPD code of KBK was the appropriate code to assign members separating under the provisions of chapter 4, Army Regulation 635-200, for completion of required active service. The evidence of record confirms that the applicant voluntarily requested separation after...