RECORD OF PROCEEDINGS
IN THE CASE OF:
BOARD DATE: 6 May 2008
DOCKET NUMBER: AR20080002276
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.
Director
Analyst
The following members, a quorum, were present:
Chairperson
Member
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 RE-1.
2. The applicant states, in effect, that he wants to reenter the Army.
3. The applicant provides no additional evidence in support of his application.
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 applicants 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 applicants failure to timely file. In all other respects, there are insufficient bases to waive the statute of limitations for timely filing.
2. The applicant enlisted on 27 May 1994 for a period of 4 years. He served as an armor crewman and was released from active duty in the rank of specialist on 26 May 1998 for completion of required active service.
3. Item 25 (Separation Authority) on the applicant's DD Form 214 shows the entry, "AR [Army Regulation] 635-200, CHAP [chapter] 4. Item 26 (Separation Code) on his DD Form 214 shows the entry, "MBK." Item 27 (Reentry Code) on his DD Form 214 shows the entry, "3." Item 28 (Narrative Reason for Separation) on his DD Form 214 shows the entry, "COMPLETION OF REQUIRED ACTIVE SERVICE.
4. Army Regulation 635-200 sets forth the basic authority for the separation of enlisted personnel. Chapter 4 of that regulation provides, in pertinent part, for the discharge or release from active duty upon termination of enlistment, and other periods of active duty or active duty for training.
5. Army Regulation 635-5-1 (Separation Program Designator Codes) prescribes the specific authorities (regulatory, statutory, or other directives), the reasons for the separation of members from active military service, and the separation
program designators to be used for these stated reasons. The regulation states the reason for discharge based on separation code MBK is Completion of required active service and the regulatory authority is Army Regulation 635-200, chapter 4.
6. 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 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.
7. RE-3 applies to persons who are not qualified for continued Army service, but the disqualification is waivable.
8. RE-1 applies to persons completing an initial term of active service who were fully qualified when last separated.
9. The Separation Program Designator Code/Reentry Code Cross Reference Table, dated September 1993, shows that Soldiers given an SPD [Separation Program Designator] of "MBK will be given an RE code of 1.
DISCUSSION AND CONCLUSIONS:
Item 27 on the applicants DD Form 214 incorrectly shows his RE code as 3. Therefore, it would be appropriate to correct item 27 on his DD Form 214 to show the entry, 1.
BOARD VOTE:
XX_____ __XX____ __XX____ 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:
a. deleting the entry in item 27 on his DD Form 214; and
b. adding the entry, 1 in item 27 on his DD Form 214.
__ XXX_______
CHAIRPERSON
ABCMR Record of Proceedings (cont) AR20080002276
4
DEPARTMENT OF THE ARMY
BOARD FOR CORRECTION OF MILITARY RECORDS
1901 SOUTH BELL STREET 2ND FLOOR
ARLINGTON, VA 22202-4508
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