IN THE CASE OF:
BOARD DATE: 13 April 2010
DOCKET NUMBER: AR20090015958
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 item 27 (Reentry (RE) Code) of his DD Form 214 for the period ending 30 June 2007 be changed from 3 to 1.
2. The applicant states he had no disciplinary action during his period of service and he received an honorable discharge.
3. The applicant provides a copy of his DD Form 214 (Certificate of Release or Discharge from Active Duty) with a separation date of 30 June 2007.
CONSIDERATION OF EVIDENCE:
1. The applicant's military personnel records show he enlisted in the Regular Army (RA) on 16 May 2001 for a period of 3 years. He had 4 years of prior active service in the RA and 3 years and 8 months of service in the Arizona Army National Guard. He was assigned military occupational specialty (MOS) 63B (Light Wheeled Vehicle Mechanic). He reenlisted on 1 July 2003 for a period of
4 years.
2. The applicant was awarded the following four awards for meritorious service or achievement for the periods indicated:
* Army Commendation Medal - 15 April 2003 - 14 April 2004
* Army Achievement Medal - 1 April 2006 - 5 May 2006
* Army Commendation Medal - 1 February 2006 - 1 February 2007
* Army Commendation Medal - 10 May 2004 - 30 May 2007
3. The applicant's DA Form 2166-8 (NCO [Noncommissioned Officer] Evaluation Report) for the period 1 April 2006 through 31 March 2007 indicated he was among the best for overall potential for promotion and/or service in positions of greater responsibility.
4. On 30 June 2007, the applicant 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. Item 27 (Separation Code) of his DD Form 214 for the period ending 30 June 2007 shows he was assigned a Separation Program Designator (SPD) code of "KBK" and item 27 shows an RE code of 3. He had completed 6 years, 1 month, and 15 days of active service this period that was characterized as honorable.
5. The applicant's official military personnel file (OMPF) does not contain a Declination of Continued Service Statement (DCSS).
6. Army Regulation 635-5-1 (SPD Codes) states the SPD code of "KBK" specified the narrative reason for discharge as "Completion of Required Active Service" with a note that stated this code was to be used for an RA Soldier eligible to reenlist or with a DCSS. The authority for discharge under this separation program designator is "Army Regulation 635-200, chapter 4."
7. The SPD/RE Code Cross-Reference Table, dated 31 March 2006, shows that the appropriate RE code for the SPD code of "KBK" is 1 or 3. This table also states a Soldier who has a DCSS in his record will be assigned the RE code of 3.
8. 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 (Regular Army and Army Reserve Enlistment Program) covers eligibility criteria, policies, and procedures for enlistment and processing into the RA and the US 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, including RA RE codes.
* RE-1 applies to persons completing their term of service (ETS) who are considered qualified to reenter the Army
* RE-3 applies to persons not qualified for continued Army service, but the disqualification is waivable
DISCUSSION AND CONCLUSIONS:
1. The applicant contends his RE code should be 1 instead of 3.
2. The applicant was awarded three Army Commendation Medals and one Army Achievement Medal during this period of service. His last NCO Evaluation Report indicated he was among the best for overall potential for promotion and/or service in positions of greater responsibility.
3. The applicant's records do not contain any indiscipline, lost time, or other adverse information. The records do not contain a bar to reenlistment, a DCSS, or comments to indicate the applicant was not qualified for reenlistment at the time of his separation.
4. The preponderance of evidence in this case shows the applicant was fully qualified for reenlistment at the time of his separation. Therefore, it is equitable to change his RE code from 3 to 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 deleting from item 27 of his DD Form 214 for the period ending 30 June 2007 the entry "1" and replacing it with the entry "3."
___________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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ABCMR Record of Proceedings (cont) AR20090015958
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