IN THE CASE OF:	  

		BOARD DATE:	 8 February 2011 

		DOCKET NUMBER:  AR20100018935 


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 his reentry (RE) code as a 1 instead of 3.

2.  The applicant states the RE code on his DD Form 214 is wrong.  He never received an Article 15 or any type of disciplinary action during his entire tour of duty.  He further states it is an unjust mistake that may be a typographical error by the person who prepared his DD Form 214.  He did not know what the RE code meant until he went to the local recruiter's office and tried to reenlist.  He cannot reenlist until this error is corrected.

3.  The applicant provides his DD Form 214. 

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 applicant's records show he enlisted in the Regular Army (RA) on 3 May 2001 for a period of 3 years.  He held military occupational specialty 11B (Infantryman) and attained the rank/grade of specialist four/E-4.  

3.  He served in Iraq from 19 March 2003 to 10 July 2004.  He was assigned to the 2nd Battalion, 6th Infantry Regiment, Smith Barracks, Germany.

4.  His records contain an automated Enlisted Record Brief (ERB), dated 17 September 2004, wherein section III (Reenlistment Eligibility/Prohibition) shows the entry 9X.  The entry 9X identifies a Soldier who is disqualified from reenlisting with "Other Disqualification - Not Otherwise Identified." 

5.  He was honorably released from active duty (REFRAD) on 15 November 2004 under the provisions of chapter 4 of Army Regulation 635-200 (Personnel Separations) by reason of completion of his required active service.  He was transferred to the U.S. Army Reserve Control Group to complete his remaining Reserve obligation.  The DD Form 214 he was issued shows he completed a total of 3 years, 1 month, and 29 days of creditable active service with no lost time. 

6.  Item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) of his DD Form 214 shows the Army Commendation Medal, Army Achievement Medal, Army Good Conduct Medal (1st Award), Overseas Service Ribbon, Combat Infantryman Badge, Global War on Terrorism Service Medal, and the Global War on Terrorism Expeditionary Medal.

7.  This form also shows in:

* Item 26 (Separation Code) the entry "MBK"
* Item 27 (Reentry Code) the entry "3"

8.  Army Regulation 635-200 states, in pertinent part, 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 U.S. Army Reserve.  Table 3-1 included a list of the RA RE Codes:

	a.  RE-1 applies to Soldiers completing their term of active service who are considered qualified to reenter the U.S. Army.  They are qualified for enlistment if all other criteria are met.

	b.  RE-3 applies to Soldiers who are not considered fully qualified for reentry or continuous service at time of separation, but disqualification is waivable.  They are ineligible unless a waiver is granted.  Recruiters are responsible for processing an applicant's request for a waiver to the proper approval authority.

9.  Army Regulation 635-5-1 (Separation Program Designator Codes) states the Separation Program Designator (SPD) codes are three-character alphabetic combinations which identify reasons for, and types of, separation from active duty.  The SPD code of "MBK" is the correct code for Soldiers REFRAD for completion of required active service under the provisions of chapter 4, Army Regulation 635-200 and transferred to the Reserve component (RC) to complete their military service obligation. 

10.  The SPD/RE Code Cross Reference Table provides instructions for determining the RE code for RA and RC Soldiers.  This cross reference table shows the SPD code and corresponding RE code.  The SPD code of "MBK" has a corresponding RE code of either a "1" or a "3."  A Soldier is assigned an RE code of 3 when the Soldier’s record indicates (for current enlistment period) that he/she is ineligible for or otherwise denied immediate reenlistment.

11.  U.S. Army Recruiting Command Policy Message 05-06, dated 10 November 2004, states career counselors will use Immediate Reenlistment Prohibition Codes (ERUP) to identify Soldiers with a disqualification for reenlistment.  The description for ERUP 9X is "Other Disqualification - Not Otherwise Identified.

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record confirms that prior to REFRAD the applicant's ERB showed his ERUP as 9X indicating he was disqualified from reenlistment.  Although the specific reason for the disqualification is not identified, in the absence of evidence to the contrary, it is presumed the ERUP was correctly assigned. 

2.  He was assigned an SPD code of MBK and, due to the ERUP of 9X, he was assigned the appropriate RE code of 3 which is correctly shown on his DD Form 214.  Therefore, he is not entitled to the requested relief.

3.  The ABCMR does not correct records solely for the purpose of establishing eligibility for other programs or benefits.  He is advised if he desires to reenter military service, he should contact a local recruiter who can best advise him on his eligibility for returning to military service.  Those individuals can best advise a former service member as to the needs of the service at the time and must process enlistment waivers for his RE code. 
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)                                         AR20100018935





3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20100018935



2


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1