BOARD DATE:	  22 September 2009

		DOCKET NUMBER:  AR20090008120 


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 the Reentry Eligibility (RE) code of “3p” on his DD Form 214 (Certificate of Release or Discharge from Active Duty) be changed to a RE code of 1.

2.  The applicant states in effect, he wants to rejoin the armed forces.  He states that his RE code is incorrect because he has no physical or mental problems.  He also states that his RE code may be incorrect due to his medical records getting mixed up with another individuals who served with him in Germany.  There was a mix up regarding a security clearance.

3.  The applicant provides a copy of his DD Form 214 and a self-authored statement in support of this 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 applicant’s 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 applicant’s 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 that he enlisted in the Regular Army (RA) and entered active duty on 2 October 2000.  

3.  On 1 October 2004, the applicant was honorably released from active duty under the provisions of Army Regulation 635-200, Chapter 4 due to completion of required active service in the rank of specialist four SP4/E-4.  The DD Form 214 shows he had completed 4 years of active military service and he was assigned a separation program designator (SPD) code of MBK and an RE code of "3.” 

4.  The applicant’s record contains his Enlisted Record Brief (ERB) which shows in Section III (Service Data) “Reenl Eli/Prohib [immediate reenlistment eligibility prohibition [ERUP] code of 9D].

5.  ERUP Codes are used to identify a Soldier with a disqualification and an ERUP of 9 is used on the ERB to indicate there is a pending security clearance determination.

6.  Army Regulation 601-210 (RA and Army Reserve Enlistment Program), covers eligibility criteria, policies, and procedures for enlistment and processing into the RA and the USAR.  RE codes are used for administrative purposes and are not to be considered derogatory in nature.  RE codes are used for identification of enlistment processing procedures.  Table 3-1 included a list of the RA RE codes:

	a.  RE "1" applies to Soldiers completing their terms of active service who are considered qualified to reenter the U.S. Army.  They are qualified for enlistment if all other criteria are met.

	b.  RE "3" applies to Soldiers who are not considered fully qualified for reentry or continuous service at time of separation, but disqualification is waivable.  They are ineligible unless a waiver is granted.

7.  Army Regulation 635-5-1 SPD Codes provides, in pertinent part, that the reasons for separating Soldiers from active duty and their corresponding SPD codes will be entered on the Soldiers' DD Forms 214.  It states, in pertinent part, that the SPD code of "MBK" is the appropriate code to assign to RA Soldiers who have completed their required active service and are released from active duty and transferred to the USAR Control Group (Reinforcement) to complete their mandatory military service obligation.  The SPD code "MBK" is appropriately used for Soldiers who are separated under the provisions of chapter 4, Army Regulation 635-200, by reason of completion of required active service.

8.  SPD/RE Codes Cross Reference Table provides instructions for determining the RE code for Active Army Soldiers when they are separated.  An RE code 
of 3 applies when a Soldier's record (for the current enlistment period) indicates that he is ineligible for or otherwise denied immediate reenlistment, has signed a Declination of Continued Service Statement, has lost time due to being absent without authority or confinement, or has an Immediate Reenlistment Prohibition Code of "9D."  The table shows that for the SPD code "MBK" the RE code is either 1 or 3.  RE code 3 will be used when the Soldier is ineligible for immediate reenlistment.

DISCUSSION AND CONCLUSIONS:

1.  The available evidence shows the applicant’s RE code of 3 corresponds with his SPD Code of "MBK" and his ERUP Code of 9D.  The evidence suggests the applicant was not eligible for reenlistment at the time of separation based on his “ERUP Code of 9D” and as such, he was assigned an RE code of 3.

2.  The RE code of 3 does not indicate the applicant had either a medical or mental problem at the time of discharge, only that he was not fully qualified to reenlist.

3.  In order to justify correction of a military record the applicant must show to the satisfaction of the Board, or it must otherwise satisfactorily appear, that the record is in error or unjust.  The applicant has failed to submit evidence that would satisfy that requirement.

4.  In view of the facts that are available the applicant has established no basis sufficient to upgrade his RE code to 1.

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)                                         AR20090008120



4


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1