IN THE CASE OF:	  

		BOARD DATE:	  5 July 2011

		DOCKET NUMBER:  AR20100030190 


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 submitted an application, dated 6 December 2010, requesting correction to Item 27 (Reentry (RE) Code) on his DD Form 214 (Certificate of Release or Discharge from Active Duty), for the period ending 1 April 2000, to show RE-1 instead of RE-3.  A DD Form 1300 (Report of Casualty), dated 31 December 2010, shows he passed away on 30 December 2010. 

2.  He stated that he had enlisted for 3 years, completed his time, and decided to ETS (expiration of term of service) from the active service.  He received an honorable discharge and a DD Form 214 with an RE-3.  This is affecting his process to reenlist in the active Army.  He does not understand the reason why he received an RE-3 when he completed his time and decided to leave the Army.  

3.  He provided a copy of 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 military records show he enlisted in the Regular Army (RA), in pay grade E-1, on 2 April 1997, for 3 years.  He completed training and was awarded military occupational specialty 71L (Administrative Specialist).  He was advanced to pay grade E-3 on 21 January 1999.

3.  He was honorably released from active duty (REFRAD) in pay grade E-3 on 1 April 2000, under the provisions of Army Regulation 635-200 (Personnel Separations - Enlisted Separations), chapter, for completion of required active service.  He was transferred to the U.S. Army Reserve (USAR) Control Group (Reinforcement) to complete his remaining service obligation.  He was credited with completion of 3 years of active service and no time lost.  

4.  Item 26 (Separation Code) of his DD Form 214 shows "MBK” and Item 27 (RE Code) shows a RE code of "3." 

5.  He was ordered to active duty in support of Operation Enduring Freedom and entered active duty on 10 February 2003.  He was honorably REFRAD, in pay grade E-4, on 25 April 2004, under the provisions of Army Regulation 635-200, chapter 4, for completion of required active service, and was transferred to a Reserve unit.

6.  Item 26 (Separation Code) of his DD Form 214 shows "MBK” and Item 27 shows a RE code of "1."

7.  He reenlisted in the USAR on 21 May 2005 for 6 years.  He was again ordered to active duty and entered active duty on 23 February 2008.  He was honorably REFRAD, in pay grade E-5, on 22 February 2010, under the provisions of Army Regulation 635-200, chapter 4, for completion of required active service, and was transferred to a Reserve unit.

8.  Item 26 of his DD Form 214 shows "MBK” and Item 27 shows the entry, "N/A."

9.  A DD Form 1300 shows he passed away on 30 December 2010.

10.  Army Regulation 601-280 (Army Retention Program), Chapter 3-8 (Qualification of a Soldier for reenlistment), paragraph g(1) (Rank (Non-waiverable)) stated a Solider may not exceed the retention control point of          3 years of total active service in the rank of E-3, by more than 29 days before expiration of contracted service (reenlistment or extension).
11.  Army Regulation 601-210 (Active and Reserve Components Enlistment Program), then in effect, stated that prior to discharge or release from active duty individuals would be assigned RE codes based on their service records or the reason for discharge.  Chapter 3 of the regulation included a list of Armed Forces reentry codes, including Regular Army RE codes.  RE-3 applied to persons not qualified for continued Army service, but the disqualification was waivable.  RE-1 applied to persons completing an initial term of active service who were fully qualified when last separated.  

12.  Army Regulation 635-5-1 (Separation Program Designator Codes), then in effect and current regulations, showed the SPD code of "MBK" as shown on his DD Form 214 was appropriate when the narrative reason for voluntary REFRAD or transfer was "Completion of Required Active Service" and the authority for discharge was Army Regulation 635-200 (Personnel Separations - Enlisted Separations), chapter 4. 

13.  The SPD/RE Code Cross Reference Table, then in effect, provided instructions for determining the RE code for Active Army Soldiers and Reserve Component Soldiers.  It also showed SPD codes with their corresponding RE code.  The SPD code of “MBK” had a corresponding RE code of “1 or 3.”  RE1 should be disregarding and RE code 3 should be entered when the Soldier's record indicated (for current enlistment period) that Soldier:

* Was ineligible for or otherwise denied immediate reenlistment
* Had DA Form 4991-R
* Had grade and service criteria in Army Regulation 601-201, 
* paragraph 3-10
* Has time lost due to being absent without leave or confinement.

DISCUSSION AND CONCLUSIONS:

1.  The applicant was honorably REFRAD in pay grade E-3 on 3 April 2000, for completion of required service, under the provisions of Army Regulation 635-200, chapter 4.  He was issued a separation code of "MBK" that had a corresponding RE code of 1 or 3.  He was assigned RE-3.  

2.  In accordance with regulatory guidance, if the applicant had tried to extend or reenlist he would have exceeded the retention control point of 3 years total active service plus 29 days with his rank of E-3.  Therefore, he was not eligible for reenlistment without a waiver and he was properly assigned RE-3 at the time of his REFRAD on 3 April 2000.  Therefore, he is not entitled to correction to Item 27 of his 2000 DD Form 214 to show a RE Code of "1."

3.  In view of the foregoing, there is no basis for granting his request.

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)                                         AR20100030190





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ABCMR Record of Proceedings (cont)                                         AR20100030190



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