RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        21 February 2008
      DOCKET NUMBER:  AR20070014171


      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. Joseph A. Adriance            |     |Analyst              |


      The following members, a quorum, were present:

|     |Ms. Margaret K. Patterson         |     |Chairperson          |
|     |Ms. Sherri V. Ward                |     |Member               |
|     |Mr. Jeffrey C. Redmann            |     |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 his reentry (RE) code be
changed from 3 to 1.

2.  The applicant states, in effect, that based on all the information
contained on his separation document (DD Form 214), his RE-3 code in Item
27 (Reentry Code) should be changed to RE-1.

3.  The applicant provides a copy of his DD Form 214 in support of his
application.

CONSIDERATION OF EVIDENCE:

1.  The applicant's record shows that he enlisted in the Regular Army and
entered active duty on 5 February 2002.  He was trained in and awarded
military occupational specialty (MOS) 11C (Indirect Fire Infantryman).

2.  The applicant's record shows that during his active duty tenure, he
served in Iraq from 21 January 2004 through 20 February 2005, and he earned
the following awards:  Army Lapel Button; Overseas Service Bars (2); Global
War on Terrorism Service Medal; Army Good Conduct Medal; National Defense
Service Medal; Army Service Ribbon; Overseas Service Ribbon; Marksman
Marksmanship Qualification Badge with Rifle and Grenade Bars; Combat
Infantryman Badge; Air Assault Badge; and Iraq Campaign Medal.

3.  On 28 June 2005, the applicant was honorably released from active duty
(REFRAD) and transferred to the United States Army Reserve (USAR) Control
Group (Reinforcement), in the rank of private first class, after completing
a total of 3 years, 4 months, and 24 days of active military service.  The
DD Form 214 he was issued at the time shows, in Item 25 (Separation
Authority), that he was separated under the provisions of Chapter 4, Army
Regulation 635-200.  Item 26 (Separation Code) shows he was assigned a
Separation Program Designator (SPD) code of MBK and Item 27 shows he was
assigned an RE code of 3.  Item 28 (Narrative Reason for Separation) lists
the reason for his separation as completion of required active service.
The applicant authenticated the separation document with his signature in
Item 21 (Signature of Member Being Separated) on the date of his REFRAD.

4.  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.
RE-4 applies to persons who have a nonwaivable disqualification.  RE-3
applies to persons who have a waivable disqualification.

5.  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.  It states, in
pertinent part, that the SPD code MBK is the appropriate code to assign to
RA Soldiers who are eligible to reenlist with a Declination of Continued
Service Statement (DCSS) in force who are REFRAD on completion of
enlistment and transferred to the USAR to complete their military service
obligation and are separated under the provisions of Chapter 4, Army
Regulation 635-200, by reason of completion of required active service.
The SPD/RE Code Cross Reference Table stipulates that an RE-3 code will be
assigned to members separated with a DCSS in force.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's contention that his record of service supports the
assignment of an RE-1 code was carefully considered.  However, there is
insufficient evidence to support his claim.

2.  By regulation, RE-3 is the proper code to assign to members who are
assigned an SPD code of MBK and who are REFRAD and transferred to the USAR
with a DCSS in force.  The evidence of record contains a properly
constituted DD Form 214 that shows the applicant was REFRAD and transferred
to the USAR under the provisions of Chapter 4, Army Regulation 635-200, by
reason of completion of required active service, and that he was assigned
an SPD code of MBK and an RE code of 3.  This separation document carries
with it a presumption of Government regularity.

3.  The record confirms the applicant authenticated the DD Form 214 with
his signature on the date of his REFRAD.  In effect, his signature was his
verification that the information contained on the separation document, to
include the
RE code entry, was correct at the time the separation document was prepared
and issued.  Therefore, absent evidence to the contrary, it is presumed the

RE-3 code assigned was and remains valid.  As a result, there is an
insufficient evidentiary basis to support a change to the RE code.

4.  The applicant is advised that although no change to his RE code is
being recommended, he still has an opportunity to enlist.  RE-3 applies to
persons who are not considered fully qualified for reentry or continuous
service; however, a waiver of the disqualification is allowed.  Therefore,
if he desires to enlist, he should contact a local recruiter to determine
his eligibility.  Those individuals can best advise a former service member
as to the needs of the Army at the time, and are required to process
waivers of RE codes.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

________  ________  ________  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

___MKP _  __SVW__  __JCR __  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.




                                  _____Margaret K. Patterson_____
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20070014171                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |2008/02/DD                              |
|TYPE OF DISCHARGE       |HD                                      |
|DATE OF DISCHARGE       |2005/06/28                              |
|DISCHARGE AUTHORITY     |AR 635-200                              |
|DISCHARGE REASON        |ETS-DCSS                                |
|BOARD DECISION          |DENY                                    |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |100.0300                                |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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