RECORD OF PROCEEDINGS
IN THE CASE OF:
BOARD DATE: 02 August 2007
DOCKET NUMBER: AR20070004736
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. Deyon D. Battle | |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 correction of appropriate military records to
show a reentry eligibility (RE) code which would allow reenlistment. In
effect, this constitutes a request for removal or waiver of those
disqualifications which preclude reenlistment.
2. The applicant states, in effect, that the incorrect RE code was
annotated on his Certificate of Release or Discharge (DD Form 214).
3. The applicant provides in support of his application, a Memorandum for
Record composed by his former commanding officer dated 15 March 2007,
indicating that the applicant served honorably throughout Operation Iraqi
Freedom III until his separation and that he was not flagged, barred or
under any other adverse action at the expiration of his term of service
(ETS).
CONSIDERATION OF EVIDENCE:
1. On 17 September 2003, the applicant enlisted in the Regular Army in
Knoxville, Tennessee, for 3 years, in the pay grade of E-1. He
successfully completed his training as a Health Care Specialist.
2. The available records show that he served in Kuwait from 22 January
2005 through 10 January 2006.
3. His awards include the Army Commendation Medal (Second Award), the Army
Achievement Medal, the National Defense Service Medal, the Global War on
Terrorism Expeditionary medal, the Global War on Terrorism Service Medal,
the Army Service Ribbon, and One Overseas Service Ribbon.
4. After completing 3 years of net active service, the applicant was
honorably released from active duty (REFRAD) under the provisions of Army
Regulation 635-200, chapter 4, upon completion of his required active
service. The DD Form 214 that he was furnished at the time of his REFRAD
shows that he was assigned an RE-3 code and an LBK (Involuntary -
Completion of Required Active Service) separation code.
5. In a Memorandum for Record dated 15 March 2007, the applicant's former
commanding officer states that he (the applicant) served honorably
throughout Operation Iraqi Freedom III until his REFRAD and that he was not
flagged, barred, or under any other adverse action at the time of his ETS.
6. An RE-3 code applies to persons not qualified for continued Army
Service, but the disqualification is waivable. Certain persons who have
received nonjudicial punishment are so disqualified, as are persons with
bars to reenlistment, and those discharged under the provisions of chapters
5, 9, 10, 13, 14, and 16 of Army Regulation 635-200. A waiting period of 2
years from separation is required before a waiver may be submitted.
7. Army Regulation 635-5-1 prescribes the specific reasons for separating
soldiers from active duty and the separation codes to be entered on the DD
Form 14. It provides that when a Soldier’s narrative reason for separation
is Voluntary – Completion of Required Active Service, a KBK code will be
entered in block 26 of the DD Form 214.
DISCUSSION AND CONCLUSIONS:
1. It appears that an error was made during the preparation of the
applicant’s
DD Form 214 which resulted in the incorrect RE code and separation code
being reflected.
2. The available evidence indicate that the applicant served honorably
while he was in the Army and that he had no disqualifications that would
require obtaining a waiver for reenlistment.
3. He was honorably REFRAD under the provision of Army Regulation 635-200,
chapter 4, upon completion of his required active service. The available
records fail to show any records of nonjudicial punishment, lost time or
that he was barred from reenlistment at the time of his REFRAD and it
appears that his REFRAD was voluntary.
4. In view of the foregoing conclusions, it is reasonable to presume that
the applicant was erroneously assigned an RE-3 code and that his DD Form
214 should be corrected to reflect an RE code that would allow him to
reenlist.
BOARD VOTE:
__RWS__ ___KSJ__ __CG___ 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 his DD Form 214 to show that he was assigned an RE-1 code and a
KBK separation code.
___Curtis Greenway _
CHAIRPERSON
INDEX
|CASE ID |AR20070004736 |
|SUFFIX | |
|RECON | |
|DATE BOARDED |20070802 |
|TYPE OF DISCHARGE | |
|DATE OF DISCHARGE | |
|DISCHARGE AUTHORITY | |
|DISCHARGE REASON | |
|BOARD DECISION |GRANT |
|REVIEW AUTHORITY | |
|ISSUES 1. 1021 |100.0000/ADMINISTRATIVE MATTERS |
|2. 4 |100.0300/CHANGE RE CODE |
|3. | |
|4. | |
|5. | |
|6. | |
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