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Decision Text

ARMY | BCMR | CY2002 | 2002074843C070403
Original file (2002074843C070403.rtf) Auto-classification: Approved
PROCEEDINGS


         IN THE CASE OF:
        

         BOARD DATE: 25 February 2003
         DOCKET NUMBER: AR2002074843


         I certify that hereinafter is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in the case of the above-named individual.

Mr. Carl W. S. Chun Director
Mrs. Joyce A. Hall Analyst


The following members, a quorum, were present:

Mr. John N. Slone Chairperson
Mr. Ronald E. Blakely Member
Mr. Lawrence Foster Member

         The applicant and counsel if any, did not appear before the Board.

         The Board considered the following evidence:

         Exhibit A - Application for correction of military
records
         Exhibit B - Military Personnel Records (including
         advisory opinion, if any)

FINDINGS :

1. The applicant has exhausted or the Board has waived the requirement for exhaustion of all administrative remedies afforded by existing law or regulations.


2. The applicant requests that her reentry (RE) code "3" be changed to "1".

3. The applicant states, in effect, that the RE-3 does not correspond with her honorable discharge and the MBK separation code designator (SPD). In support of her application she submits an additional self authored statement, two letters of recommendation, and various copies of documents pertaining to her U.S. Army Reserve (USAR) status.

4. The applicant’s military records show that she enlisted in the Regular Army on
26 October 1994 for a period of 4 years.

5. There is no evidence to show she was barred from reenlistment, or flagged for any reasons, or received any disciplinary actions.

6. On 25 October 1998, the applicant was honorably released from active duty in pay grade E-4 under the provisions of Army Regulation 635-200, chapter 4, (completion of required active service). She completed 4 years of creditable active service. She was given an SPD of MBK (To be used for RA soldiers eligible to reenlist or with a Declination of Continued Service Statement in force who are Released from active duty on completion of enlistment and transferred to the Reserve components to complete military obligation) and assigned
RE-3. She was transferred to the USAR Control Group (Reinforcement).

7. On 9 December 1999, the applicant was released from the USAR Control Group (Reinforcement) and transferred to the 7th Battalion, 158th Aviation Regiment, Fort Hood, Texas, to complete her reserve obligation.

8. Separation Program Designator/Reentry Code (SPD/RE-Code) Cross Reference Table in Army Regulation 635-5-1 then in effect shows that when SPD is MBK then RE-1 will be given.

CONCLUSIONS
:

1. The evidence of record indicates that the applicant was honorably released from active duty and given SPD of MBK. With this SPD she should have been given a RE-1. However, she was erroneously assigned a RE-3.

2. There is no evidence in the applicant's record, which indicates that she had any disqualifications, which would have established the basis for her receiving the reentry code of RE-3.

3. It is the opinion of this Board, that the applicant's DD Form 214 was erroneously annotated with a reentry code RE-3.

4. Therefore, in the interest of justice, and in the light of the foregoing findings and conclusions, it would be appropriate to correct the applicant's record as recommended below.

5. In view of the foregoing, the applicant’s records should be corrected as recommended below.

RECOMMENDATION:

That her DD Form 214 (Certificate of Release or Discharge from Active Duty) be corrected to show RE of 1.

BOARD VOTE:

__JNS___ ___REB_ ___LF___ GRANT AS STATED IN RECOMMENDATION

________ ________ ________ GRANT FORMAL HEARING

________ ________ ________ DENY APPLICATION




                  Mr. John N. Slone
                  CHAIRPERSON




INDEX

CASE ID AR2002074843
SUFFIX
RECON YYYYMMDD
DATE BOARDED 2003/02/25
TYPE OF DISCHARGE (HD, GD, UOTHC, UD, BCD, DD, UNCHAR)
DATE OF DISCHARGE YYYYMMDD
DISCHARGE AUTHORITY AR . . . . .
DISCHARGE REASON
BOARD DECISION GRANT
REVIEW AUTHORITY
ISSUES 1. 100.0300
2.
3.
4.
5.
6.


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