RECORD OF PROCEEDINGS


	IN THE CASE OF:	  


	BOARD DATE:	  29 January 2008
	DOCKET NUMBER:  AR20070013086 


	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

Ms  Joyce A. Wright

Analyst

The following members, a quorum, were present:


Ms. Shirley L. Powell

Chairperson

Mr. Paul M. Smith

Member

Mr. Larry C. Bergquist

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, in effect, that item 27 (Reentry Code), of his DD Form 214 (Certificate of Release or Discharge from Active Duty), be corrected.

2.  The applicant states, in effect, that during the process of reenlisting into the Army, he realized that he had an RE Code of "3" and a separation code of "MBK", on his DD Form 214, which was in error.  He does not believe that the RE Code was IAW (in accordance with) Army Regulation 635-200, chapter 4.  He served his time honorably and had no negative actions against himself.  He achieved the rank of sergeant (SGT/E-5) and was honorably discharged.  

3.  The applicant provides a copy of his DD Form 214 and a copy of DA Form 215 (Correction to DD Form 214) in support of his request.  

CONSIDERATION OF EVIDENCE:

1.  Title 10, U.S. Code, section 1552(b), provides that applications for correction of military records must be filed within 3 years after discovery of the alleged error or injustice.  This provision of law also allows the Army Board for Correction of Military Records (ABCMR) to excuse an applicant’s failure to timely file within the 3-year statute of limitations if the ABCMR determines it would be in the interest of justice to do so.  While it appears the applicant did not file within the time frame provided in the statute of limitations, the ABCMR has elected to conduct a substantive review of this case and, only to the extent relief, if any, is granted, has determined it is in the interest of justice to excuse the applicant’s failure to timely file.  In all other respects, there are insufficient bases to waive the statute of limitations for timely filing.

2. The applicant's record shows he enlisted in the Regular Army on 12 September 1996.  He successfully completed basic combat training and advanced individual training at Fort Sill, Oklahoma.  He was awarded military occupational specialty (MOS) 13E, Cannon Fire Direction Specialist.  

3.  The applicant was promoted to sergeant (SGT/E-5) effective 2 February 2001.

4.  On 8 January 2002, while serving overseas, the applicant was alerted for assignment to Fort Hood, Texas.  However, he failed to take the necessary action to reenlist or extend his enlistment to meet the incurred service remaining obligations under the provisions of chapter 4, AR 601-280 and opted to sign a DCSS (Declination of Continued Service Statement).

5.  The applicant was released from active duty on 21 August 2002, under the provisions of Army Regulation 635-200, Chapter 4, due to completion of required active service.  He was issued a separation program designator (SPD) code of "MBK" and an RE Code of "3."

6.  Item 27 (Reenlistment Code), of the applicant’s DD Form 214, shows the entry "3", item 26 (Separation Code) shows the entry "MBK", and the narrative reason for separation entered on his discharge certificate was "completion of required active service."  

7.  A review of the applicant's OMPF (Official Military Personnel File) on i-PERMS (interactive - Personnel Electronic Records Management System) revealed no derogatory information.  

8.  Pertinent Army regulations provide that prior to discharge or release from active duty, individuals will be assigned reentry 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.  This chapter includes a list of Armed Forces reentry codes, including RA RE codes.

9.  RE-3 applies to persons not qualified for continued Army service, but the disqualification is waivable

10.  RE-1 applies to persons completing their service and who are considered qualified to reenter the Army.

11.  Army Regulation 635-5-1 states that SPD (Separation Program Designator) 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 regulation shows that the separation program designator (SPD) "MBK", as shown on the applicant’s DD Form 214, is appropriate for discharge when the narrative reason for discharge is "completion of required active service" and the authority for discharge under this SPD is "Army Regulation 635-200, Chapter 4."  



12.  The SPD/RE Code Cross Reference Table provides instructions for determining the RE code for Active Army Soldiers and Reserve Component Soldiers separated for cause.  It also shows the SPD code with a corresponding RE code and states that more than one RE code could apply.  The Soldier’s file and other pertinent documents must be reviewed in order to make a final determination.  The SPD code of "MBK" has a corresponding RE code of "1 or 3."  

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record shows the applicant was released from active duty on 21 August 2002, under the provisions of Army Regulation 635-200, Chapter 4, for completion of required active service, and was issued an honorable discharge.  

2.  The evidence shows the applicant had voluntarily signed a declination for continued service and therefore, imposed a bar to reenlistment upon himself.
He was issued a Separation Code of "MBK" that has a corresponding RE Code of "1 or 3."  His DD Form 214 shows an RE Code of "3."

3.  The applicant's RE Code of "3" is consistent with his release from active duty due to completion of required service and declination for continued service.  His records revealed no derogatory information.

4.  The applicant has failed to show, through the evidence submitted with his application or the evidence of record, that his involuntary release from active duty which resulted in receiving a Separation Code of "MBK" and RE Code of RE "3" were in error or unjust.  

5.  There is no basis upon which a change, of the Separation Code or RE Code on the applicant's DD Form 214, can be supported.  

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

___LB __  __PM ___  ___SLP _  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.




______Shirley L. Powell____
          CHAIRPERSON




INDEX

CASE ID
AR20070013086
SUFFIX

RECON
YYYYMMDD
DATE BOARDED
20080129
TYPE OF DISCHARGE
HD
DATE OF DISCHARGE
20020821
DISCHARGE AUTHORITY
AR 635-200, chap 4
DISCHARGE REASON

BOARD DECISION
DENY
REVIEW AUTHORITY

ISSUES         1.
100
2.

3.

4.

5.

6.