RECORD OF PROCEEDINGS
IN THE CASE OF:
BOARD DATE: 6 February 2007
DOCKET NUMBER: AR20060008539
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. Nancy L. Amos | |Analyst |
The following members, a quorum, were present:
| |Mr. James E. Anderholm | |Chairperson |
| |Mr. Jerome L. Pionk | |Member |
| |Mr. Edward E. Montgomery | |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. The applicant requests that his reentry (RE) code be changed to a 1 or
1J.
2. The applicant states that he satisfactorily completed his obligated
term of service with an Army Good Conduct Medal and other awards and
decorations. He is currently in the U. S. Army Reserve. He wants to
transfer into the U. S. Air Force; however, they will not start the process
without an RE code of 1 or 1J.
3. The applicant provides his DD Form 214 (Certificate of Release or
Discharge from Active Duty).
CONSIDERATION OF EVIDENCE:
1. The applicant enlisted in the Regular Army on 18 November 1999. He was
promoted to Specialist, E-4 on 1 July 2001. He was honorably released from
active duty in the rank and grade of Specialist, E-4 on 9 November 2004
upon the expiration of his term of service and was transferred to the U. S.
Army Reserve. He had completed 5 years, 11 months, and 22 days of
creditable active service. He was given a separation code of MBK
(voluntary release from active duty or transfer due to completion of
required active service).
2. 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. Army Regulation 601-210
covers eligibility criteria, policies and procedures for enlistment and
processing into the Regular Army and the U.S. 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.
3. RE code 3 applies to persons not qualified for continued Army service,
but the disqualification is waivable.
4. The Separation Program Designator (SPD) Code/RE Code Cross Reference
Table states that when the SPD is MBK then either RE code 1 or 3 will be
given. Several factors determine which RE code is given, including if the
Soldier has the grade and service criteria outlined in Army Regulation 601-
210, paragraph 3-10.
5. Army Regulation 601-210, paragraph 3-10a(3) of the version in effect at
the time, stated a prior service member was eligible for enlistment if last
separated in grade E-4 with not more than 5 years of active Federal
service.
DISCUSSION AND CONCLUSIONS:
The applicant was properly given an RE code of 3 when he was released from
active duty on 9 November 2004. Because he separated from active duty as a
Specialist, E-4 with more than 5 years of active Federal service, he did
not meet enlistment eligibility criteria without a waiver.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
__jea___ __jlp___ __eem___ 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.
__James E. Anderholm__
CHAIRPERSON
INDEX
|CASE ID |AR2006008539 |
|SUFFIX | |
|RECON | |
|DATE BOARDED |20070206 |
|TYPE OF DISCHARGE | |
|DATE OF DISCHARGE | |
|DISCHARGE AUTHORITY | |
|DISCHARGE REASON | |
|BOARD DECISION |DENY |
|REVIEW AUTHORITY |Mr. Chun |
|ISSUES 1. |100.03 |
|2. | |
|3. | |
|4. | |
|5. | |
|6. | |
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