IN THE CASE OF:
BOARD DATE: 21 October 2008
DOCKET NUMBER: AR20080010713
THE BOARD CONSIDERED THE FOLLOWING EVIDENCE:
1. Application for correction of military records (with supporting documents provided, if any).
2. Military Personnel Records and advisory opinions (if any).
THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:
1. The applicant requests, in effect, that his separation document (DD Form 214) be corrected by adding a reentry (RE) code.
2. The applicant states, in effect, that even though he received an RE-1 code, there is no RE code on his DD Form 214.
3. The applicant provides his DD Form 214 and a Reenlistment Eligibility Data Display (REDD) Report 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's record shows he enlisted in the Regular Army and entered active duty on 31 January 2002. He successfully completed basic training at Fort Knox, Kentucky and advanced individual training (AIT) at Fort Lee, Virginia. Upon completion of AIT, he was awarded military occupational specialty (MOS) 92F (Petroleum Supply Specialist).
3. The applicant's Enlisted Records Brief (ERB) shows, in Section III (Service Data), that he was promoted to specialist (SPC) on 31 January 2004, and that this is the highest rank he attained while serving on active duty. Section III also reflects no time lost.
4. The applicant's record is void of any disciplinary history or derogatory information, and there is no indication that he ever signed a Declination of Continued Service Statement (DCSS), or that he was ever barred from reenlistment.
5. On 30 January 2005, the applicant was honorably released from active duty (REFRAD) after completing 3 years of active military service. Item 23 (Type of Separation) and Item 24 (Character of Service) are barely legible. Item 25 (Separation Authority), Item 26 (Separation Code), Item 27 (Reentry Code), Item 28 (Narrative Reason for Separation, and Item 29 (Dates of Time Lost) are not legible.
6. The applicant provides a REDD Report, dated 28 April 2008, which indicates he was separated by reason of completion of required service with a Separation Program Designator (SPD) code of MBK.
7. 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 Soldiers separated under the provisions of Chapter 4, Army Regulation 635-200, by reason of completion of required service. The SPD/RE Code Cross Reference Table stipulates that an RE-1 will be assigned to RA Soldiers eligible to reenlist who are REFRAD on completion of enlistment and transferred to the Reserve Components to complete their military service obligation and RE-3 will be assigned to those who have signed a DCSS.
DISCUSSION AND CONCLUSIONS:
The applicant's contention that his DD Form 214 should be corrected to show he was issued an RE-1 code was carefully considered and found to have merit. It appears likely that the proper RE code was assigned upon the applicant's REFRAD; however, the information in Items 23, 24, 25, 26, 27, 28, and 29 of the DD Form 214 did not properly print and were either only partially legible or illegible. As a result, it would be appropriate to correct these items.
BOARD VOTE:
___x____ ___x____ ___x____ 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 read as follows in the items indicated:
a. Item 23 - "Release From Active Duty";
b. Item 24 - "Honorable";
c. Item 25 - "Chapter 4, Army Regulation 635-200";
d. Item 26 - "MBK";
e. Item 27 - "RE-1";
f. Item 28 - "Completion of Required Active Duty Service";
g. Item 29 - "None"; and
h. by providing him a correction to his separation document that reflects these changes.
________x______________
CHAIRPERSON
I certify that herein is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in this case.
ABCMR Record of Proceedings (cont) AR20080010348
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ABCMR Record of Proceedings (cont) AR20080010713
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