| Mr. Carl W. S. Chun | Director | |
| Mr. William Blakely | Analyst |
| Mr. Raymond V. O’Connor, Jr. | Chairperson | ||
| Ms. Gail J. Wire | Member | ||
| Mr. Robert J. Osborn, II | Member |
APPLICANT REQUESTS: In effect, that his reentry (RE) code of RE-3 be changed to RE-1.
APPLICANT STATES: In effect, that the RE code listed in Item 27 (Reentry Code) of his separation document (DD Form 214) is unjust. He states that he received the RE-3 code as a result of being forced to sign a Declination of Continued Service Statement (DCSS) prior to his discharge from the Army. He claims that the retention noncommissioned officer (NCO) instructed him to either reenlist or sign the DCSS. He states that it was his intent to leave the Army in order to join the United States Air Force and he did not understand the impact the RE-3 code would have. He further states that he has been informed by an Air Force recruiter that he is required to have an RE-1 code in order to join the Air Force. He states that it is his belief that as an NCO who served honorably for over 7 years with no record of misconduct or disciplinary infractions, the assignment of an RE-3 code was unjust and his service warrants his receiving an RE-1 code. In support of his application, he submits a copy of his separation document (DD Form 214).
EVIDENCE OF RECORD: The applicant's military records show:
The applicant served on active duty for 7 years, 11 months, and 17 days, from
7 October 1993 to 23 September 2001. He was trained and served in military occupational specialty (MOS) 11M (Fighting Vehicle Infantryman), and the highest rank he attained while serving on active duty was staff sergeant /E-6 (SSGT/E-6. In addition, he earned the following awards during his tenure on active duty: Army Commendation Medal (2nd Award); Army Achievement Medal (2nd Award); and National Defense Service Medal.
The separation document (DD Form 214) issued to the applicant on the date of his separation confirms that the authority for his discharge was Chapter 4, Army Regulation 635-200, and the reason for his separation was completion of required term of service. This document also verifies that based on the authority and reason for his discharge, the applicant was assigned a Separation Program Designator (SPD) code of KBK and an RE code of RE-3.
Army Regulation 601-210 covers eligibility criteria, policies, and procedures for enlistment and processing into the Regular Army (RA) and the United States Army Reserve (USAR). Chapter 3 of that regulation prescribes basic eligibility for prior service applicants for enlistment. That chapter includes a list of armed forces RE codes, including RA RE codes, and it specifies that the RE-3 code is applicable to individuals who sign a DCSS.
Army Regulation 635-5-1 (SPD Codes) provides the specific authorities (regulatory or directive), reasons for separating soldiers from active duty, and the SPD codes to be entered on the DD Form 214. The SPD code of KBK was the appropriate code for the applicant based on the guidance provided in this regulation for soldiers separating under the provisions of Army Regulation
635-200, chapter 4, by reason of completion of required service. Additionally, the SPD/RE Code Cross Reference Table establishes RE-3 as the proper reentry code to assign to soldiers separated for this reason who signed a DCSS prior to separation.
DISCUSSION: Considering all the evidence, allegations, and information presented by the applicant, together with the evidence of record, applicable law and regulations, it is concluded:
1. The Board notes the applicant’s contention that the RE-3 code assigned to him upon his separation was unjust and that it was the result of his being forced to sign a DCSS. However, the Board finds insufficient evidence to support this claim.
2. By his own admission, the applicant signed a DCSS rather than extending or reenlisting to satisfy a service remaining requirement. By regulation, this mandated that he be assigned an RE-3 code upon his discharge from the Army.
3. The evidence of record confirms that the applicant’s discharge processing was accomplished in accordance with the applicable regulations, to include the RE-3 code assignment. Lacking independent evidence to the contrary, the Board is satisfied that all requirements of law and regulation were met and the rights of the applicant were fully protected throughout the separation process.
4. The Board took note of the applicant’s claim that an Air Force recruiter informed him that his enlistment in that service required an RE-1 code. However, while the RE-3 code assigned the applicant denotes a reenlistment disqualification, this disqualification may be waived for reenlistment purposes. If the applicant still desires to enlist in the Air Force, he may wish to contact an Air Force recruiter and request information on applying for an RE code waiver for enlistment in that service.
5. In order to justify correction of a military record the applicant must show to the satisfaction of the Board, or it must otherwise satisfactorily appear, that the record is in error or unjust. The applicant has failed to submit evidence that would satisfy this requirement.
6. In view of the foregoing, there is no basis for granting the applicant's 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
__RVO__ __GJW _ __ RJO __ DENY APPLICATION
| CASE ID | AR2002082101 |
| SUFFIX | |
| RECON | YYYYMMDD |
| DATE BOARDED | 2003/02/13 |
| TYPE OF DISCHARGE | (HD, GD, UOTHC, UD, BCD, DD, UNCHAR) |
| DATE OF DISCHARGE | YYYYMMDD |
| DISCHARGE AUTHORITY | AR . . . . . |
| DISCHARGE REASON | |
| BOARD DECISION | DENY |
| REVIEW AUTHORITY | |
| ISSUES 1. | 100.0300 |
| 2. | |
| 3. | |
| 4. | |
| 5. | |
| 6. |
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His separation code (SPD) was recorded as JBK and he was assigned an RE Code of RE-3. SPD code KBK is the appropriate code for enlisted Soldier voluntarily discharged upon completion of their required active service who are eligible to reenlist or those with DCSS in force. In order to justify correction of a military record the applicant must show to the satisfaction of the Board, or it must otherwise satisfactorily appear, that the record is in error or unjust.
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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...
ARMY | BCMR | CY2001 | 2001062364C070421
The applicant requests correction of military records as stated in the application to the Board and as restated herein. 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. The Board notes that the RE-3 is appropriate and consistent with the reason the applicant left active duty, and the Board finds no basis to correct the existing code.
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Larry W. Racster | |Member | The Board considered the following evidence: Exhibit A - Application for correction of military records. The DD Form 214 she was issued at the time confirms she was assigned the SPD code of JBK and a RE-3 code based on the authority and reason for her separation. This list confirms that separation pay is not authorized for members separated with an SPD code of KBK.
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IN THE CASE OF: BOARD DATE: 31 May 2012 DOCKET NUMBER: AR20110020802 THE BOARD CONSIDERED THE FOLLOWING EVIDENCE: 1. On 20 September 2009, after signing a DCSS, he was separated with an honorable discharge due to completion of required active service and assigned an SPD Code of "KBK" and an RE Code of "3." Based on the available evidence the applicant was appropriately assigned an SPD Code of "KBK" and an RE Code of "3" due to the DCSS that he signed.
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The applicant requests that his reentry eligibility (RE) code be changed from RE-3 to RE-1. The applicant states that based on the fact he was discharged with a KBK (Completion of Required Active Service) separation program designator (SPD) code at the expiration of his term of service and his service was honorable, he should not have received an RE code of "3." Army Regulation 601-210 (Active and Reserve Components Enlistment Program) states that prior to discharge or release from active...
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The applicant's military personnel records show he enlisted in the Regular Army (RA) on 16 May 2001 for a period of 3 years. Army Regulation 635-5-1 (SPD Codes) states the SPD code of "KBK" specified the narrative reason for discharge as "Completion of Required Active Service" with a note that stated this code was to be used for an RA Soldier eligible to reenlist or with a DCSS. The preponderance of evidence in this case shows the applicant was fully qualified for reenlistment at the time...
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It provides that a Soldier being separated due to the completion of their required service the Soldier will be assigned one of the following SPD's * JBK for an involuntary discharge under Army Regulation 635200, chapter 4 (Note 7) * KBK for a voluntary discharge under Army Regulation 635200, chapter 4 (Note 1) * Note 1 To be used for RA Soldiers eligible to reenlist or with a DCSS in force who are discharged on completion of enlistment * Note 7 Except for those with a DCSS in...
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