RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        15 MARCH 2005
      DOCKET NUMBER:  AR20040002495


      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             |
|     |Mr. Kenneth H. Aucock             |     |Analyst              |


      The following members, a quorum, were present:

|     |Mr. Wagner Raymond                |     |Chairperson          |
|     |Mr. John Meixell                  |     |Member               |
|     |Mr. Jonathon Rost                 |     |Member               |

      The Board considered the following evidence:

      Exhibit A - Application for correction of military records.

      Exhibit B - Military Personnel Records (including advisory opinion,
if any).

THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:

1.  In effect, the applicant requests that his reentry code on his DD Form
214 (Certificate of Release or Discharge from Active Duty) be corrected to
show a reentry code of “1” vice the reentry code of “3” shown, and that the
entry indicating that he signed a declination for continued service, DA
Form 4991-R, be deleted from his DD Form 214.

2.  The applicant states that he never signed a declination statement and
has no idea where that came from.  Not only did he not sign such a
statement, but he was extended 142 days past his separation date to deploy
to Iraq.  Regarding the reentry code of “3,” he learned while outprocessing
that that code was entered because of a past bar to reenlistment – which
was removed before he was released from active duty.  He was told that they
did not catch the fact that it was removed.  They acknowledged that
mistakes were made concerning both those entries, but because he has been
released from active duty, they cannot correct them.

3.  The applicant provides a copy of his DD Form 214, a copy of a
memorandum requesting that the applicant’s bar to reenlistment be removed,
a copy of an action removing the applicant’s flag, and a copy of a
transmittal record.

CONSIDERATION OF EVIDENCE:

1.  The applicant enlisted in the Army for 4 years on 19 November 1996,
completed training, and was assigned to Fort Hood, Texas as a cavalry
scout.  In October 1999 he was assigned to a cavalry troop in Korea.  He
was awarded the Army Achievement Medal for the period October 1999 to
September 2000.  He returned to the United States and in October 2000 was
assigned to a cavalry troop at Fort Polk, Louisiana.

2.  The applicant’s enlisted record brief, dated 12 October 2000, shows a
term of enlistment of 36 months with an ETS (expiration of term of service)
date of         10 July 2003.  His OMPF (official military personnel file)
however, does not contain any reenlistment documents.

3.  The applicant completed the primary leadership development course
(PLDC) in February 2001.  He was promoted to sergeant on 2 February 2001.
An NCOER (noncommissioned officer evaluation report) for the 12-month
period ending in January 2002 shows that his rating officials consider him
a fully qualified Soldier.  His report for the ensuing 12-month period,
however, indicates that his rating officials considered him a marginal
Soldier.  That report also shows that he failed the APFT (Army Physical
Fitness Test).

4.  On 13 June 2003 the applicant’s commanding officer requested that the
applicant’s bar to reenlistment be removed, stating that he was initially
barred because he failed the APFT; however, he has [since] taken the test
and passed all events.  He also stated that he had removed the flag on the
applicant.  The flag was removed on the same date.  Noted is the fact that
the commanding officer’s unit shows an APO (Army Post Office) address,
indicating that the unit was overseas at that time.

5.  The applicant was released from active duty on 30 November 2003, and
transferred to the Army Reserve Control Group (Reinforcement) at St. Louis.
 He had 7 years and 12 days of service, of which 1 year, 2 months, and 27
days was foreign service.  His DD Form 214 shows that he was released from
active duty because of completion of his required active service, his
character of service was honorable, his separation code, “MBK,” and his
reentry code, “3.”  That form contains the remark, “Signed declination for
continued service,                          DA Form 4991-R//Para 2-20, AR
601-280 applies, AR 600-37 complied with//Retained in service 142 days for
the convenience of the government per  UP USC 12305.”

6.  The applicant’s OMPF contains no evidence of his overseas service,
other than his service in Korea, and as indicated on his DD Form 214.  His
OMPF does not contain a Declination of Continued Service Statement.

7.  Army Regulation 601-280 outlines procedures for immediate reenlistment
or extension of enlistment of Soldiers.  Paragraph 2-20 states in effect
that Soldiers who have certain disqualifications are ineligible for
immediate reenlistment, to include those who have a Declination of
Continued Service Statement in effect.
8.  Army Regulation 600-37 sets forth policies and procedures to authorize
placement of unfavorable information about Army members in individual
official personnel files.

9.  Pertinent Army regulations provide that prior to discharge or release
from active duty, individuals will be assigned reentry (RE) codes, based on
their service records or the reason for discharge.  Army Regulation 601-210
covers eligibility criteria, policies, and procedures for enlistment and
processing into the Regular Army (RA) and the US Army Reserve.  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.  A reentry code of “3” indicates that a
person is ineligible for reenlistment unless a waiver is granted.

10.  Army Regulation 635-5-1 prescribes the policy for standardization of
separation program designator (SPD) codes.  SPD codes are three-character
alphabetic combinations which identify reasons for, and types of,
separation from active duty.  A separation code of  “MBK” identifies a
Regular Army Soldier eligible to reenlist who is voluntarily released from
active duty under the provisions of Army Regulation 635-200, Chapter 4, for
completion of required active service, and is transferred to the Reserve
components to complete military service obligation.

11.  A separation code of “JBK” identifies a Regular Army Soldier
involuntarily discharged from the Army, who is ineligible for, barred from,
or otherwise denied reenlistment on completion of enlistment.

12.  Separation Program Designator Code (SPD)/Reentry (RE) Code Cross-
Reference Table, dated 31 March 2003, provides instructions for determining
the RE code for active Army Soldiers, and states that an RE code “3” will
be entered [on a Soldier’s DD Form 214] when the Soldier’s record indicates
that the Soldier has a Declination of Continued Service Statement,
notwithstanding a separation code of “MBK.”

DISCUSSION AND CONCLUSIONS:

1.  Noted is the fact that the applicant’s OMPF contains no Declination of
Continued Service Statement.  Also noted is the fact that, although he had
almost 3 months of foreign service, in addition to his one year of service
in Korea, his OMPF contains no evidence of that service.  Nor does his OMPF
contain any enlistment documents showing that he reenlisted in the Army for
   36 months, as indicated by his enlisted record brief.  The applicant
would have had to reenlist, considering his initial ETS was 13 November
2000.

2.  Therefore, the absence of evidence concerning his foreign service does
not mean that he did not deploy, as the applicant himself has stated; and,
the absence of enlistment documents in his OMPF certainly does not mean
that the applicant continued beyond his 13 November 2000 ETS without an
enlistment contract.  By the same token, the absence of a Declination of
Continued Service Statement in his OMPF does not mean that he did not
complete such a statement.

3.  The applicant was not discharged from the Army, but released from
active duty and transferred to the Army Reserve Control Group
(Reinforcement); consequently, his separation code of “MBK” is correct, and
although somewhat incongruous, because his DD Form 214 shows that he signed
the above-cited declination, his reentry code of “3” is also correct, and
is in accordance with the instructions contained in the SPD/RE Code cross-
reference table.

4.  The applicant has stated that “they” acknowledged that mistakes were
made regarding the preparation of his DD Form 214, but provides no evidence
thereto. Despite the absence of such a statement, the applicant’s
contention that he did not sign a Declination of Continued Service is not
accepted.  His DD Form 214 certainly shows otherwise, and in this respect,
regularity is presumed.  His contention that his reentry code of “3” on his
DD Form 214 is incorrect is also   not accepted.

5.  Therefore, the applicant’s request to correct the reentry code on his
           DD Form 214, and to delete the statement on that form showing
that he signed a declination for continued service, is denied.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

________  ________  ________  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

__RW___  ___JM __  ___JR  __  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The evidence presented does not demonstrate the existence of a probable
error or injustice.  Therefore, the Board determined that the overall
merits of this case are insufficient as a basis for correction of the
records of the individual concerned.





                                  ____ Raymond Wagner_______
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20040002495                           |
|SUFFIX                  |                                        |
|RECON                   |YYYYMMDD                                |
|DATE BOARDED            |20050315                                |
|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.       |110.00                                  |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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