RECORD OF PROCEEDINGS
IN THE CASE OF:
BOARD DATE: 2 August 2007
DOCKET NUMBER: AR20070002706
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.
Ms. Catherine C. Mitrano
Director
Mr. Mohammed R. Elhaj
Analyst
The following members, a quorum, were present:
Mr. Curtis Greenway
Chairperson
Mr. Robert W. Soniak
Member
Ms. Karmin S. Jenkins
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 his records be corrected by changing his reentry code (RE Code) from 3 to 1 to allow return to active duty.
2. The applicant states, in effect, that he does not know why he received an RE code of 3. He further states that he wishes to come back on active duty as an officer and correcting the RE code would help make this process feasible.
3. The applicant did not provide any supporting documentations in support of his application.
CONSIDERATION OF EVIDENCE:
1. The applicant's records show that with prior service in the United States Marine Corps from July 1997 through July 2001 and March 2002 through September 2002, the applicant enlisted in the Regular Army on 30 October 2002 for a period of 3 years.
2. Records show that the applicant completed basic combat and advanced individual training and was awarded primary military occupational specialty 13P (MLRS Fire Direction Specialist). Records further show the highest rank he attained while serving on active duty was sergeant/pay grade E-5.
3. The applicant served in Iraq during the period 14 January 2005 through 1 February 2006. He was retained in service for 184 days beyond his expiration of term service (ETS) for the convenience of the government per Title 10 U.S.C § 12305.
4. The applicant's Enlisted Record Brief (ERB), dated 24 January 2006, and the applicant's Official Military Personnel File (OMPF) show no evidence that the applicant signed a Declination of Continued Service Statement (DCCS) or that he had a bar to reenlistment. Section I (Assignment Information) of the applicant's ERB shows blank entries in the "Flag Code", "Flag Start Date", and the "Flag Expiration Date" portion.
5. The applicant was honorably discharged on 30 April 2006 in accordance with chapter 4 (Separation for Expiration of Service Obligation) of Army Regulation 635-200 and the DD Form 214 (Certificate of Release or Discharge from Active Duty) shows he was given a character of service of "Honorable," a Separation Program Designator" code of "JBK" and a "Reentry" code 3.
6. Army Regulation 635-200 sets forth the basic authority for the separation of enlisted personnel. In the version in effect at the time, chapter 4 established policy and prescribed procedures for the separation of enlisted personnel upon expiration of enlistment or fulfillment of service obligations.
7. 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 (Regular Army and Army Reserve Enlistment Program), 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 Regular Army RE codes.
a. RE1 applies to persons completing their term of service who are considered qualified to reenter the Army.
b. RE-3 applies to persons who are not considered fully qualified for reentry or continuous service at the time of separation, but the disqualification is waivable.
8 Army Regulation 635-5-1 states that the Separation Program Designator (SPD) codes are three-character alphabetic combinations, which identify reasons for, and types of separation from active duty. The primary purpose of SPD codes is to provide statistical accounting of reasons for separation. They are intended exclusively for the internal use of DOD and the military services to assist in the collection and analysis of separation data. The JBK SPD code is the correct code for fulfillment of service obligations. Additionally, the SPD/RE Code Cross-Reference Table, dated 31 March 2003 shows that RE-1 is the appropriate RE code for individuals who separated with an SPD code of JBK.
DISCUSSION AND CONCLUSIONS:
1. The applicant requests that his records be corrected by changing his reentry code (RE Code) from 3 to 1 to allow return to active duty.
2. The applicant completed his 3-year enlistment commitment and was extended for 184 days for the convenience of the government to support ongoing operations. There is no evidence in his records that he was discharged for any reason other than expiration of enlistment or fulfillment of service obligations.
3. Although the Army Board for Correction of Military Records (ABCMR) does not correct records solely for the purpose of establishing eligibility for other programs or benefits, it appears that the applicants DD Form 214 was erroneously annotated with a reentry code RE-3.
4. In the interest of justice, and in the light of the foregoing findings and conclusions, it would be appropriate to correct the applicants record as recommended below.
BOARD VOTE:
__cg____ __rws___ __ksj___ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
The Board determined that the evidence presented was sufficient to warrant a recommendation for relief. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by amending the individuals DD Form 214, to show RE-1 as his reentry code.
Curtis Greenway
______________________
CHAIRPERSON
INDEX
CASE ID
AR20070002706
SUFFIX
RECON
DATE BOARDED
20070802
TYPE OF DISCHARGE
DATE OF DISCHARGE
DISCHARGE AUTHORITY
DISCHARGE REASON
BOARD DECISION
(GRANT)
REVIEW AUTHORITY
ISSUES 1.
100.0300
2.
3.
4.
5.
6.
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