BOARD DATE: 12 January 2010
DOCKET NUMBER: AR20090013285
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 to RE-1.
2. The applicant states that his RE code was RE-1 but when the final copy of his DD Form 214 (Certificate of Release or Discharge from Active Duty) was issued it was RE-3. He contends that he called the transition office at Fort Hood and they could not explain the change and they asked if he was overweight or had failed a physical fitness test and he told them no.
3. The applicant provides a copy of his DD Form 214 in support of his application.
CONSIDERATION OF EVIDENCE:
1. The applicant enlisted in the Regular Army on 10 July 1998 and served as a health care specialist. On 7 November 2008, the applicant was honorably discharged in the rank of specialist under the provisions of Army Regulation
635-200, chapter 4, for completion of required active service after completing
10 years, 3 months, and 28 days of creditable Active Federal Service.
2. Item 25 (Separation Authority) on the applicant's DD Form 214 shows the entry "AR [Army Regulation] 635-200, CHAP [Chapter] 4." Item 26 (Separation Code) on his DD Form 214 shows the entry "JBK." Item 27 (Reentry Code) on his DD Form 214 shows the entry "3." Item 28 (Narrative Reason for Separation) on his DD Form 214 shows the entry "COMPLETION OF REQUIRED ACTIVE SERVICE."
3. Army Regulation 635-5-1 (Separation Program Designator Codes) prescribes the specific authorities (regulatory, statutory, or other directives), the reasons for the separation of members from active military service, and the separation program designators to be used for these stated reasons. The regulation states the reason for discharge based on separation code JBK was Completion of required active service and the regulatory authority is Army Regulation 635-200, chapter 4. The regulation also states that separation code "JBK" is to be used for Regular Army Soldiers ineligible for, barred from, or otherwise denied reenlistment that are separated on completion of enlistment.
4. 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 covers eligibility criteria, policies, and procedures for enlistment processing into the Regular Army and the U.S. Army Reserve. Chapter 3 of that regulation prescribes basic eligibility for prior service applicants for enlistment. That chapter includes a list of armed forces RE codes.
5. Paragraph 3-10b(3) of Army Regulation 601-210 states that if a specialist is eligible to enlist with or without a waiver or grade determination the term of enlistment when added to previous Active Federal Service will not exceed 10 years of Active Federal Service.
6. Paragraph 3-15a of Army Regulation 601-210 states that enlistment for prior service applicants in the Regular Army is authorized for a period of at least 3 but not more than 6 years. A specific military occupational specialty may require a minimum term of service.
7. RE-3 applies to persons who are not qualified for continued Army service, but the disqualification is waivable.
8. RE-1 applies to persons completing an initial term of active service who were fully qualified when last separated.
9. The Separation Program Designator Code/Reentry Code Cross Reference Table, dated 15 June 2006, shows that Soldiers given an SPD [Separation Program Designator] of "JBK will be given an RE code of 3.
DISCUSSION AND CONCLUSIONS:
In the absence of evidence to the contrary, it must be presumed that the applicants RE code was administratively correct and in conformance with applicable regulations at the time of her separation. Presumably, because he was separated with more than 10 years of service, and his minimum enlistment period would be 3 years, he was not eligible for enlistment without a waiver.
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.
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