IN THE CASE OF:
BOARD DATE: 12 August 2008
DOCKET NUMBER: AR20080011705
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 that his Reentry (RE) Code 3 be corrected to read
RE Code 1.
2. The applicant states, in effect, that he received an honorable characterization of service and the RE Code 3 implies that he did something wrong.
3. The applicant provides a copy of his Certificate of Release or Discharge from Active Duty (DD Form 214).
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. On 3 February 1994, the applicant enlisted in the Regular Army for 4 years. He completed his initial training to include the Basic Airborne Course and was awarded military occupational specialty 35E1P (Radio/Communication Security Repairer with parachutist qualification).
3. On 13 August 1997, the applicant entered the United States Army Reserve Control Group (Reserve Officer Training Corps).
4. On 21 August 1997, the applicant was honorably discharged for the purpose of entering the officer training program. He had completed 3 years, 6 months and 19 days of creditable service. He was given a Separation Program Designator (SPD) Code KGX and an RE Code 3. His character of service was honorable.
5. Army Regulation 601-210 prescribes eligibility criteria, policies, and procedures for enlistment and processing into the Regular Army (RA) and the Army Reserve. Chapter 3 of that regulation prescribes basic eligibility for prior service applicants for enlistment and includes a list of armed forces RE Codes including RA RE codes. RE 3 applies to persons separated from their last period of service with a waivable disqualification. RE 1 applies to persons separated from their last period of service who are fully eligible for reenlistment. That regulation further provides that RE codes may only be changed if they are determined to be administratively incorrect.
6. Army Regulation 635-5-1 (SPD Codes) provides the specific authorities and reasons for separating Soldiers from active duty, and the SPD codes to be entered on the DD Form 214. The SPD code of KGX was the appropriate code for the applicant based upon the guidance provided in Army Regulation 635-5-1 for Soldiers separating for the purpose of entering an officer training program. Additionally, Table 2-3 (SPD/RE Code Cross Reference Table), Army Regulation 635-5 (Separation Documents) establishes RE Code 1 as the proper RE code to assign to Soldiers for this reason.
DISCUSSION AND CONCLUSIONS:
1. The evidence of record clearly shows that the applicant was released from active duty for the purpose of entering an officer training program. Furthermore, the governing regulations provide for an SPD KGX and RE code 1 for Soldiers who are released for such training.
2. In view of the above, the applicants DD Form 214 should be corrected to show an RE code 1 for his active duty service that ended on 21 August 1997.
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 showing in Item 27 (Reentry Code) of his DD Form 214 an RE Code 1.
__________ _ 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) AR20070016793
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ABCMR Record of Proceedings (cont) AR20080011705
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ARMY | BCMR | CY2002 | 2002070539C070402
The applicant states that he separated from the Army to enter a commissioning program known as Green to Gold. The evidence of record indicates the applicant was separated for the purpose of entering the Green to Gold Program, however, an administrative error reflecting the incorrect authority and SPD code was entered on his DD Form 214. While he was on active duty, the applicant was awarded the Humanitarian Service Medal, and is entitled to a correction of his records to show this award.
ARMY | BCMR | CY2014 | 20140014723
The applicant states: * the requested narrative reason for separation (attend school) qualifies him for unemployment benefits * he is a prior enlisted Soldier and a full-time student at the University of Texas pursuing a master's degree and an Army commission through the Reserve Officers' Training Program (ROTC) as a non-scholarship cadet * he is unable to support himself and his dependent parent since separating from the service in 2013 * he was informed by the Texas Workforce Commission...
ARMY | BCMR | CY2003 | 2003083543C070212
The applicant requests correction of military records as stated in the application to the Board and as restated herein. The DD Form 214 also confirms that the authority for the applicant’s separation was paragraph 16-2, Army Regulation 635-200, and the reason was to enter an officer training program. The record also shows that the applicant was properly assigned the SPD code of KGX in accordance with the applicable regulation based on the authority and reason for his separation.
ARMY | BCMR | CY2009 | 20090018479
However, the DD Form 214 he was issued at the time of his separation shows he was discharged on 12 November 1995 in accordance with chapter 7, section IV, of Army Regulation 635-200 (Personnel Separations) by reason of a defective enlistment agreement. The "MDS" SPD code is the correct code for Soldiers separating under chapter 7 of Army Regulation 635-200 by reason of defective enlistment. However, his record contains a properly-constituted DD Form 214 that shows he was honorably released...
ARMY | BCMR | CY2013 | 20130011424
His DA Form 4707 (Entrance Physical Standards Board (EPSBD) Proceedings), dated 18 December 1996, shows in item 8 (after careful consideration of medical records, laboratory findings, and medical examination, the board found that he was medically unfit for enlistment in accordance with current medical fitness standards and in the opinion of the evaluating physicians the condition existed prior to service. Accordingly, he was discharged from active duty on 31 January 1997, under the...
ARMY | BCMR | CY2008 | 20080016741
The applicant specifically requests correction of his reenlistment eligibility (RE) code from RE-1 to RE-3 and his Separation Designator Code (SPD) from KBK to JBK. 2. On 5 February 1998, the applicant was honorably discharged in accordance with chapter 4 of Army Regulation (AR) 635-200 (Personnel Separations) for completion of required active service with entitlements to full involuntary separation pay. The SPD Code of "JBK" was used when the authority for involuntary discharge is...
ARMY | BCMR | CY2001 | 2001058477C070421
The applicant requests correction of military records as stated in the application to the Board and as restated herein. APPLICANT REQUESTS: In effect, that block 28 (narrative reason for separation) of his DD Form 214 (Certificate of Release or Discharge from Active Duty) be corrected to reflect “to attend school”. DISCUSSION : Considering all the evidence, allegations, and information presented by the applicant, together with the evidence of record, applicable law and regulations, it is...
ARMY | BCMR | CY2010 | 20100007066
The applicant provides a copy of his 1997 DD Form 214 (Certificate of Release or Discharge from Active Duty), a copy of his January 1996 local bar to reenlistment, three character references, a 1991, 1992 and 1993 Army Achievement Medal, a 1995 and 1996 Army Commendation Medal, and a 1994 Academic Evaluation Report from the Fort Stewart NCO Academy. It notes that an SPD code of LBK is the appropriate code when enlisted Soldiers are being involuntarily discharged upon completion of their...
ARMY | BCMR | CY2013 | 20130011540
BOARD DATE: 6 March 2014 DOCKET NUMBER: AR20130011540 THE BOARD CONSIDERED THE FOLLOWING EVIDENCE: 1. The applicant requests change of the reentry eligibility (RE) code on his DD Form 214 (Certificate of Release or Discharge from Active Duty) from RE "3" to an RE code that will allow him to reenter military service. The applicant's DD Form 214 shows he was honorably released from active duty (REFRAD) on 22 May 1997 under the provisions of Army Regulation 635-200 (Personnel Separations -...
ARMY | BCMR | CY2014 | 20140001746
His DD Form 214 shows he was discharged under the provisions of Army Regulation 635-200 (Personnel Separations Active Duty Enlisted Administrative Separations), chapter 4) by reason of completion of required active service. SPD code "KBK" is the correct code for RA Soldiers voluntarily discharged after completion of required active service under the provisions of Army Regulation 635-200, chapter 4. This cross reference table in effect at the time of his discharge shows the SPD code of...