IN THE CASE OF:
BOARD DATE: 29 June 2010
DOCKET NUMBER: AR20090021424
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 eligibility (RE) code be changed from 3 to 1.
2. The applicant states he signed a DA Form 4991-R (Declination of Continued Service Statement (DCSS)) because he received reassignment orders in March 2006 and had an expiration of term of service (ETS) in December 2006. He further states the RE-3 code is causing a delay in his desire to join the U.S. Air Force.
3. The applicant provides a copy of his DD Form 214 (Certificate of Release or Discharge from Active Duty).
CONSIDERATION OF EVIDENCE:
1. The applicant enlisted in the Regular Army on 3 July 1996 and remained on active duty through continuous reenlistments. He was promoted to the pay grade of E-7 on 1 September 2004.
2. On 6 December 2006, he was honorably discharged due to completion of required service. His DD Form 214 issued at the time of his discharge reflects that he signed a DCSS and he was issued an RE-3 code. He had served 10 years, 5 months, and 4 days of total active service. The applicant's DCSS is not contained in his official records; however, his records do indicate that his reenlistment eligibility code was changed to 9Q (prohibited to reenlist).
3. 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 (Active and Reserve Components Enlistment Program) covers eligibility criteria, policies, and procedures for enlistment processing into the Regular Army and the U.S. Army Reserve. Chapter 3 prescribes basic eligibility for prior-service applicants for enlistment. That chapter includes a list of Armed Forces RE codes.
4. RE-3 applies to persons not qualified for continued Army service, but the disqualification is waivable. Certain persons who have received nonjudicial punishment are so disqualified, as are persons with bars to reenlistment and those discharged under the provisions of chapters 5, 9, 10, 13, 14, and 16 of Army Regulation 635-200 (Personnel Separations). A waiting period of 2 years from separation is required before a waiver may be submitted through a local recruiting office.
5. Army Regulation 601-280 (Army Retention Program) serves as the authority for the completion of a DCSS. It provides that a DCSS is an official notification from a Soldier, other than one in his or her initial term, having 4 or more years of service for pay purposes at ETS who refuses to take action (reenlist/extend) to meet the service remaining requirements (SRR) for an assignment, school, or promotion. Soldiers eligible but refusing to take action to satisfy military SRR's will be denied further service through the DA Form 4991-R. The DCSS contains all of the effects that the action will have on the individual concerned and the individual must initial each of the effects indicating that he or she has been counseled.
DISCUSSION AND CONCLUSIONS:
1. The applicant's administrative separation was accomplished in accordance with applicable regulations with no indication of any violations of the applicant's rights.
2. The applicant was separated at his ETS because he refused to extend or reenlist to meet the SRR requirements for his next assignment. He signed a DCSS which amounted to a self-imposed bar to reenlistment and therefore was properly issued an RE-3 code in accordance with the applicable regulations.
3. The applicant's contentions have been noted. However, the applicant was made aware of the effect of his actions at the time and the fact that he is experiencing difficulty in joining another service does not constitute an error or injustice on the part of the U.S. Army.
4. The applicant has failed to show through the evidence submitted or the evidence of record that he was issued the wrong RE code at the time of his separation.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
1. 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.
2. The Board wants the applicant and all others concerned to know that this action in no way diminishes the sacrifices made by the applicant in service to the United States during the Global War on Terrorism. The applicant and all Americans should be justifiably proud of his service in arms.
_________________________
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) AR20090021424
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