IN THE CASE OF:	

		BOARD DATE:	  4 March 2010

		DOCKET NUMBER:  AR20090016086 


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 on his 2005 DD Form 214 (Certificate of Release or Discharge from Active Duty).

2.  The applicant states that he believes his RE Code of “3” is wrong because he was separated with an honorable characterization of service at the completion of his required period of active service.  He states he served his country proudly and he was not discharged due to misconduct or for medical problems.  

3.  The applicant provides a copy of his 2005 DD Form 214, a copy of his separation physical examination, copies of his installation clearance records, and a copy of a Certificate of Achievement for service with the 82nd Airborne Division Guard of Honor.

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 records available to the Board indicate the applicant enlisted in the Regular Army (RA) for a period of 3 years on 2 July 2002.  He was advanced to pay grade E-3 on 17 May 2005.  His records contain no evidence of any misconduct.

3.  On 1 July 2005, the applicant was released from active duty and transferred to the U.S Army Control Group for the duration of his statutory service obligation.  His service was characterized as honorable, and he was assigned a Separation Program Designator (SPD) Code of MBK and an RE Code of 3.  The narrative reason for separation, listed on his DD Form 214 is “Completion of Required Active Service.”

4.  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 U.S. Army Reserve (USAR).  Chapter 3 of this regulation prescribes the basic eligibility for prior service applicants for enlistment.  This chapter includes a list of armed forces RE codes, including RA RE codes.  An RE-3 applied to persons who are not considered fully qualified for reentry or continuous service at time of separation.  

5.  Army Regulation 635-5-1 ((SPD) Codes) provides the specific authorities (regulatory or directive), reasons for separating Soldiers from active duty, and the SPD codes to be entered on the DD Form 214.  It notes that an SPD code of “MBK” is the appropriate code when the reason for discharge is “completion of required active service.”  Additionally, the SPD/RE Code Cross Reference Table establishes RE Codes to be assigned for each SPD.  This table states that when the SPD is "MBK” the RE Code will be either RE-1 or RE-3.  The table states that RE-3 will be utilized when the Soldier’s record indicates for the current enlistment period that Soldier is ineligible for or otherwise denied immediate reenlistment.

6.  Army Regulation 601-280 (Army Retention Program) precludes the immediate reenlistment of Soldiers in the rank of E-3 who are on their initial enlistment of 
3 or less years unless such Soldiers reenlist prior to completion of 26 months of total active service.

DISCUSSION AND CONCLUSIONS:

1.  Evidence available to the Board indicates the applicant was on his initial 
3 year enlistment and was serving in pay grade E-3.  He was eligible to reenlist prior to completion of 26 months of service.  Because he did not reenlist within that window he was precluded from immediate reenlistment at the time he was released from active duty in July 2005.  As such, he was appropriately assigned an RE Code of 3.

2.  It should be noted that an RE Code of 3 does not necessarily reflect an individual was discharged as a result of misconduct or based on a medical reason.  Rather, as in the applicant’s case, it is merely an indication that he was not eligible for immediate reenlistment at the time of separation from active duty.

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 this requirement.

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)                                         AR20090016086



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ABCMR Record of Proceedings (cont)                                         AR20090016086



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