IN THE CASE OF:	  

		BOARD DATE:	  15 June 2010

		DOCKET NUMBER:  AR20090019645 


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 of 3 be changed to RE-1.

2.  The applicant states he received the RE-3 because he signed a declination of continued service statement (DCSS).  He states he was placed on orders with less than 3 months remaining on his enlistment contract and was advised to sign the declination statement or his unit first sergeant would sign it for him.  He states he was in this same situation previously and did extend in order to accept the reassignment.  However, he noted when he received his last orders he had already made plans with his family to separate and attempt to return to Philadelphia and secure employment as a civil servant as a police officer or fire fighter.

3.  The applicant states that due to the failing economy he cannot wait any longer for the city test to open or wait for the hiring process after testing.  He states he has no health care left for him or his family, has filed for unemployment compensation, and was told he must wait months before applying for a waiver to get back into the Army.  He states it’s not only the lack of work and health care that has him wanting back in the Army, but states he also misses the pride of waking up every morning and putting on the uniform of a Soldier in the United States.




4.  The applicant provides a copy of his 2009 DD Form 214 (Certificate of Release or Discharge from Active Duty), a statement from two Army officers, including the commander of the Mid-Atlantic Recruiting Battalion supporting his request to have his RE Code changed, and a copy of his 2004 enlistment extension to meet a previous reassignment requirement.

CONSIDERATION OF EVIDENCE:

1.  The applicant enlisted in the Regular Army on 23 February 1999.  In April 2004, he extended his then-current enlistment contract for a period of 8 months in order to meet service remaining requirements to be reassigned from Fort Myer, Virginia to Fort Stewart, Georgia.  His new separation date was established as 11 July 2006.

2.  On 14 March 2006, the applicant, who was still assigned to Fort Stewart, executed a 3-year reenlistment contract, thereby establishing his separation date as 13 March 2009.

3.  On 13 March 2009, the applicant was honorably discharged from active duty at the completion of his last reenlistment contract.  His DD Form 214 (Certificate of Release or Discharge from Active Duty) contains a statement indicating he had signed a DCSS.  Available records, other than his DD Form 214, do not contain any documents associated with the DCSS.  His separation code (SPD) was recorded as “JBK” and he was assigned an RE Code of RE-3.

4.  Army Regulation 601-210 (Active and Reserve Components Enlistment Programs covers eligibility criteria, policies and procedures for enlistment and processing into the RA (Regular Army), the U.S. Army Reserve (USAR), and the Army National Guard.  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 “JBK” is the appropriate code when enlisted Soldiers, except for Soldiers with a DCSS in place, are being involuntarily discharged upon completion of their required active service because they are ineligible for, barred from, or otherwise denied reenlistment at the time of separation.  SPD code “KBK” is the appropriate code for enlisted Soldier voluntarily discharged upon completion of their required active service who are eligible to reenlist or those with DCSS in force.

6.  The SPD/RE Code Cross Reference Table establishes RE Codes to be assigned for each SPD.  This table states that when the SPD is “KBK” and the enlisted Soldier has a DCSS in force, or has an SPD code of "JBK,” the RE Code will be RE-3.  

7.  On 25 January 2010, the applicant enlisted in the Pennsylvania Army National Guard for a period of 1 year after receiving a waiver for his RE-3 code.

DISCUSSION AND CONCLUSIONS:

1.  Although the applicant’s assigned SPD code of “JBK” is incorrect and should have been “KBK” his assigned RE Code of RE-3 was correct.  The applicant did not request his SPD code be corrected and correcting that code would not affect the validity of his assigned RE Code.

2.  The applicant’s available records show he voluntarily elected to be discharged on his scheduled separation date rather than reenlist to fulfill a service-remaining requirement.  When he executed his DCSS he, in effect, committed to leaving active duty and as such was precluded from reenlisting at the time of his separation from active duty, although he may have otherwise been fully eligible to reenlistment.  As such, he was appropriately assigned an RE Code of 3.

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)                                         AR20090019645





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ABCMR Record of Proceedings (cont)                                         AR20090019645



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