IN THE CASE OF:	 

		BOARD DATE:	  24 June 2010

		DOCKET NUMBER:  AR20100014613 


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 correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show award of the Meritorious Service Medal (MSM).  He also requests that his reentry (RE) code be changed.  

2.  The applicant states, in effect, he was awarded the MSM on 27 February 2008, prior to his expiration term of service date, but not before he had already out-processed.  Item 27 (Reentry Code) on his DD Form 214 shows an RE code 
of 3 and this made it difficult for him to enter the Washington Army National Guard (WAARNG).  He has been accepted and commissioned into the WAARNG and he believes this code misrepresents his discharge from active duty and subsequent abilities as a Soldier.  

3.  The applicant provides a copy of his MSM certificate and two copies of his 
DD Form 214.

CONSIDERATION OF EVIDENCE:

1.  The applicant's military records show he enlisted in the Delayed Entry Program on 15 January 1997.  He enlisted in the Regular Army (RA) in pay grade E-1 on 24 August 1998, for 4 years.  He completed training and he was awarded military occupational specialty 68W (Health Care Specialist).  He reenlisted in the RA on 21 March 2002 for 6 years.  


2.  On 13 November 2007, he submitted a DA Form 4991-R (Declination of Continued Service Statement).  

3.  He submits a copy of a certificate showing he was awarded the MSM for exceptionally meritorious service as a senior hospital noncommissioned officer from 20 January 2003 to 20 March 2008.  The award was approved and issued by Permanent Orders Number 058-001, dated 27 February 2008.

4.  On 20 March 2008, he was honorably discharged under the provisions of Army Regulation 635-200 (Enlisted Separations), chapter 4, for Completion of Required Active Service in pay grade E-6.  He was credited with completing 9 years, 6 months, and 27 days of net active service.  He was assigned a separation code of KBK and an RE code of 3.

5.  Item 13 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of his DD Form 214 does not list the MSM.

6.  He enlisted in the WAARNG in pay grade E-6 on 21 March 2008 and he was appointed in the WAARNG as a second lieutenant on 4 October 2009.  

7.  Army Regulation 601-210 (Active and Reserve Components Enlistment Program), covers eligibility criteria, policies, and procedures for enlistment and processing into the RA and the United States Army Reserve.  The regulation provides 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.  Chapter 3 of this regulation prescribes basic eligibility for prior service applicants for enlistment.  This chapter includes a list of Armed Forces reentry codes, including RA RE codes.  Paragraph 3-21 specifies RE codes are used for administrative purposes only.  Applicants should be advised that these codes are not to be considered derogatory in nature, they are simply codes used for identification of an enlistment processing procedure.  Paragraph 3-23(3) specifies RE-3 will be assigned if the DD Form 214 is annotated with separation authority, separation code, and narrative reason for separation as follows:  (a) separation authority:  Army Regulation 645-200 and (b) separation code:  KBK.

8.  RE-4 applies to persons separated from the last period of service with a non-waivable disqualification.  Members separated with an RE code 4 are ineligible for enlistment.  RE-3 applies to persons separated with a waiveable disqualification.  RE-2 is not currently used.  RE-1 means the Soldier is fully qualified for reenlistment.


9.  Army Regulation 635-5-1 (Separation Program Designator (SPD) Codes) prescribes the specific authorities (regulatory, statutory, or other directives), the reasons for the separation of members from active military service, and the SPDs to be used for these stated reasons.  This regulation shows the SPD of “KBK” as shown on the applicant’s DD Form 214 is appropriate for a voluntary discharge when the narrative reason for separation is “Completion of Required Active Service” and the authority for discharge is Army Regulation 635-200, chapter 4. 

10.  The SPD/RE Code Cross Reference Table provides instructions for determining the RE code for Active Army Soldiers and Reserve Component Soldiers separated for cause.  It also shows SPD codes with their corresponding RE code.  The Soldier’s file and other pertinent documents must be reviewed in order to make a final determination.  The SPD code of “KBK” has a corresponding RE code of “1” or “3.”

DISCUSSION AND CONCLUSIONS:

1.  The available evidence shows Permanent Orders Numbers 058-001, dated 
27 February 2008, awarded him the MSM and it is not shown on his DD Form 214.  This evidence is sufficient to add the medal to his DD Form 214.

2.  The evidence also shows he was discharged on 20 March 2008, under the provisions of Army Regulation 635-200, chapter 4 and assigned an RE code of "3."  In accordance with Army Regulation 601-210, paragraph 3-23(3) the applicant's assigned RE code of 3 is consistent with the RE code and SPD code assigned to individuals separated due to completion of required active service after a declination of continued service statement has been initiated.

3.  RE codes are not to be considered derogatory in nature, they are simply codes used for identification of an enlistment processing procedure.  The applicant has failed to show through the evidence submitted with his application or the evidence of record that his assigned RE code of “3” is in error or unjust.  Therefore, he has established no basis for changing his existing RE code.

4.  It appears his reenlistment disqualification was waived based on his enlistment and subsequent appointment in WAARNG.  

5.  In view of the foregoing, the applicant’s records should be corrected as recommended below.




BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

____X___  ___X____  ___X____  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that the evidence presented was sufficient to warrant a recommendation for partial relief.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by:

   a.  adding to Item 13 of the individual’s DD Form 214 the MSM; and

   b.  providing him a document that shows the above correction.

2.  The Board further determined that the evidence presented is insufficient to warrant a portion of the requested relief.  As a result, the Board recommends denial of so much of the application that pertains to correction of his assigned
RE code 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.

ABCMR Record of Proceedings (cont)                                         AR20100014613



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ABCMR Record of Proceedings (cont)                                         AR20100014613



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