DOCKET NUMBER: AR20090002332
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 be changed from RE-3 to RE-1.
2. The applicant states that he was erroneously assigned an RE-3 because his Enlisted Record Brief (ERB) showed a code of 9H (pending a medical board). The applicant thinks that this error occurred because he was given a temporary profile after surgery, but the profile expired 14 months prior to his separation.
3. The applicant provides his DD Form 214 (Certificate of Release or Discharge from Active Duty); his ERB; excerpts from Army Regulation 40-501 (Standards of Medical Fitness); a DA Form 3349 (Physical Profile) which shows that he had a temporary physical profile which expired on 7 January 2005; and the last page of a DA Form 2166-8 (NCO [Noncommissioned Officer] Evaluation Report (NCOER)). The applicant's NCOER shows that he scored 226 on the Army Physical Fitness Test, that he exceeded standards on the four-mile run and
20 kilometer rucksack march, and that he was senior rated in the highest (best) block for both overall performance and overall potential for promotion and/or service in positions of greater responsibility.
CONSIDERATION OF EVIDENCE:
1. The applicant's military records show that he enlisted in the Regular Army (RA) on 27 January 1998, he was awarded military occupational specialty (MOS) 95B (military police), and he was promoted to the rank/grade of staff sergeant (SSG)/E-6.
2. He was honorably discharged on 9 March 2006 due to his completion of required active service. Item 26 (Separation Code) and item 27 (Reentry Code) show the entry "JBK" and "3," respectively.
3. The applicant's DD Form 214 shows his significant awards and decorations as the Army Commendation Medal (4th Award), Army Achievement Medal (4th Award), Presidential Unit Citation, Valorous Unit Award, and Combat Action Badge.
4. The applicant's military records do not contain any derogatory information and no evidence that he was pending a medical evaluation board.
5. 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 (Active and Reserve Components Enlistment Program) covers eligibility criteria, policies, and procedures for enlistment and processing into the RA and the U.S. Army Reserve (USAR). Chapter 3 of that regulation prescribes basic eligibility for prior service applicants for enlistment. That chapter includes a list of armed forces RE codes, including RA RE codes.
a. RE-3 applies to persons not qualified for continued Army service, but the disqualification is waivable.
b. RE-1 applies to persons who were fully qualified for continued Army service when last separated.
6. The separation program designator (SPD)/RE codes cross-reference table shows the Separation Code of "JBK" (Completion of Required Active Service) is to be assigned an RE-3. The Separation Code "KBK" (Completion of Required Active Service) is to be assigned an RE-3 or an RE-1.
7. Army Regulation 635-5 (Personnel Separations - Separation Documents) prescribes the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army. It establishes standardized policy for the preparation of the DD Form 214. It states that for item 26, obtain correct entry from Army Regulation 635-5-1 (SPD Codes), which provides the corresponding SPD code for the regulatory authority and
reason for separation. For item 27, enter the appropriate code from Army Regulation 601-210 that determines RA and USAR reentry eligibility and provides regulatory guidance on the RE codes.
DISCUSSION AND CONCLUSIONS:
1. The applicant's record contains no documents which would support him being assigned an RE-3 code.
2. To the contrary, the applicant's service record is exemplary. Further, there is no evidence to show he was pending a medical evaluation board.
3. The RE code is driven by the Separation Code, not the ERB entry. However, it is entirely possible the SPD "JBK" was assigned based on the ERB entry, and that entry appears to have been entered in error.
4. As such, it would appear that the applicant's SPD code is also in error.
5. As such, it would be appropriate to now correct his records to show that he was assigned an SPD code of "KBK" and assigned an RE code of RE-1.
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:
a. deleting from item 26 of the applicant's DD Form 214 the entry "JBK" and replacing it with the entry "KBK"; and
b. deleting from item 27 of the applicant's DD Form 214 the entry "3" and replacing it with the entry "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.
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