IN THE CASE OF:	  

		BOARD DATE:	  28 May 2009

		DOCKET NUMBER:  AR20090000871 


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 his reentry eligibility (RE) code be changed to a more favorable code.

2.  The applicant states, in effect, that his DD Form 214 (Certificate of Release or Discharge from Active Duty) with a separation date of 31 August 2007 shows his RE code as 4R which means he cannot enlist.  He states he does not have a criminal record nor was he medically discharged.  He states he voluntarily retired for personal reasons.  He feels he should be allowed to return to active service should he personally desire to return.

3.  The applicant provides a copy of his DD Form 214 and his Meritorious Service Medal award certificate presented to him upon his retirement from the Regular Army.

CONSIDERATION OF EVIDENCE:

1.  The applicant's official military personnel record shows that, after having had prior service in the U. S. Army Reserve (USAR),  he enlisted in the USAR on 17 August 1987 under the provisions of the Delayed Entry Program.  He enlisted in the Regular Army and entered active duty on 25 September 1987.  Records show he completed basic combat and advanced individual training and was awarded military occupational specialty 76Y (Unit Supply Specialist).  The highest rank the applicant achieved was sergeant first class/pay grade E-7.

2.  Headquarters, Joint Readiness Training Center and Fort Irwin, California, Orders 032-0319, dated 1 February 2007, released the applicant from active duty and on the following date directed that he be placed on the Retired List.  The effective date of separation was 31 August 2007 and the date placed on the Retired List was 1 September 2007.

3.  On 31 August 2007, the applicant was honorably separated from the Regular Army and transferred to the U.S. Army Reserve Control Group (Retired).  He was issued a DD Form 214 on this date which shows in item 12c (Record of Service-Net Active Service this Period) that he served continuously for 19 years, 11 months, and 6 days.  This same DD Form 214 shows that in item 12d (Total Prior Active Service) he had 3 months and 24 days of prior active service.  The applicant's total active Federal service was 20 years and 1 month.

4.  Item 23 (Type of Separation) of the applicant's DD Form 214 issued on 31 August 2007 shows his separation was for retirement under the provisions of Army Regulation 635-200 (Active Duty Enlisted Administrative Separations), chapter 12.  Item 26 (Separation Code) of the DD Form 214 shows the entry "RBD" and item 27 (RE Code) shows the entry "4R."

5.  Title 10, U.S. Code, section 3914, states that a Soldier who has completed 20 but less than 30 years of active Federal service in the U.S. Armed Forces may be retired at his request provided the Soldier has completed all required service obligations at the time of retirement.

6.  Army Regulation 635-200 provides, in pertinent part, the policies and procedures for voluntary retirement of Soldiers because of length of service and governs the retirement of Active Army, Army Reserve, and Army National Guard Soldiers who are retiring from their enlisted status.  A Soldier who has completed 20 years but less than 30 years of active Federal service in the U.S. Armed Forces may be retired at his or her request.  Regulatory guidelines specify that the Soldier should be firm in his or her decision to retire and that the Soldier should read and understand the guidelines of chapter 12 of Army Regulation 635-200 which provides the retirement application procedures with applicable statutes that govern the responsibilities of the Soldier requesting retirement and the command personnel office before submitting his or her voluntary application for retirement on DA Form 2339 (Application for Voluntary Retirement).

7.  Army Regulation 601-210 (Regular Army and Army Reserve Enlistment Program) establishes eligibility criteria, policies, and procedures for enlistment and processing into the Regular Army and the U.S. Army Reserve.  Table 3-1 contains a list of the Regular Army RE codes and shows that RE code 4R applies to a Soldier who retired after completing 15 or more years of active Federal service.  This table further shows that a Soldier with RE code 4R is not eligible for enlistment.

8.  The Separation Program Designator Code (SPD)/RE Code Cross-Reference Table, dated 15 June 2006, shows that the appropriate RE code for the separation code "RBD" is RE 4R.

9.  Army Regulation 15-185 (Army Board for Correction of Military Records) prescribes the policies and procedures for correction of military records by the Secretary of the Army, acting through the ABCMR.  The regulation provides that the ABCMR begins its consideration of each case with the presumption of administrative regularity.  The applicant has the burden of proving an error or injustice by a preponderance of the evidence.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that he would like a more favorable RE code so that if he chooses he can return to the Regular Army.

2.  The applicant voluntary requested separation from the Regular Army, specifically retirement, for he had completed over 20 years of active Federal service.  Soldiers with less than 30 years of active Federal service voluntarily apply for retirement.  In the process of preparing for retirement, the Soldier is required to read chapter 12 of Army Regulation 635-200 which prescribes retirement policies and procedures.  The applicant is required to complete and authenticate a DA Form 2339, which is the application for voluntary retirement.  The applicant's record did not contain a copy of his DA Form 2339.  However, it is presumed that he was properly counseled and that he voluntarily signed his DA Form 2339.

3.  The evidence of record shows that the applicant was retired after completing more than 20 years of active Federal service but less than 30 years of active Federal service.  After 20 years of active Federal service, applications for retirement are voluntary.  The appropriate separation code for voluntary retirement is "RBD" and its corresponding RE code is "4R."

4.  Therefore, the applicant's DD Form 214 issued on 31 August 2007 was properly prepared and correctly reflects the facts and circumstances of the applicant's separation.  The regulatory guidelines show that the proper separation code is RBD and its appropriate RE code is 4R.

5.  The applicant has failed to present evidence that would warrant changing his reason for separation.  While the applicant's reasons for voluntarily requesting retirement upon completion of 20 years of active Federal service are not known to the Board, the Board is under no obligation to correct the applicant's record to show that he can enlist should he personally choose to return to active duty.

6.  The applicant's voluntary request for retirement and his DD Form 214 were properly prepared under the established regulatory guidelines.  As such, there is no reason to change the applicant's separation code and its corresponding RE code.

7.  The applicant could be allowed to return to active service if he so desired; however, he would request to do so under the Retiree Recall Program.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

___X____  ___X____  ___X___  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.



      ____________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)                                         AR20090000871



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ABCMR Record of Proceedings (cont)                                         AR20090000871



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