IN THE CASE OF:
BOARD DATE: 7 July 2011
DOCKET NUMBER: AR20100030215
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 his Reentry (RE) code on his DD Form 214 (Certificate of Release or Discharge from Active Duty) be changed so that he may be eligible to reenter the Army.
2. He states he was told after six months he could get his RE code changed so he can reenlist.
3. He provides his DD Form 214.
CONSIDERATION OF EVIDENCE:
1. The applicant's record shows he enlisted in the Regular Army on 27 August 2003.
2. His DD Form 214 shows he was discharged on 22 March 2010 under the provisions of paragraph 6-3a, Army Regulation 635-200 (Active Duty Enlisted Administration Separations), hardship. Item 26 shows he was assigned a separation program designator (SPD) code of "KDB" and item 27 (Reentry Code) shows an RE code of "3." He was credited with completing 6 years, 6 months, and 26 days of active service.
3. Army Regulation 635-200 sets forth the basic authority for the separation of enlisted personnel. Paragraph 6-3 establishes policy and prescribes procedures for the discharge or release of Soldiers because of genuine dependency or hardship. The regulation states that hardship exists when in circumstances not involving death or disability of a member of the Soldier's (or spouse's) immediate family, separation from the Service will materially affect the care or support of the family by alleviating undue and genuine hardship
4. Army Regulation 601-210 (Active and Reserve Components Enlistment Program) prescribes eligibility criteria, policies, and procedures for enlistment and processing into the Regular Army and the U.S. Army Reserve. Chapter 3 of that regulation prescribes basic eligibility for prior-service applicants for enlistment and includes a list of Armed Forces RE codes including Regular Army RE codes. The RE code of 3 applies to persons separated from their last period of service with a waivable disqualification.
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. The SPD code of KDB applies to Soldiers separated for hardship.
6. The SPD/RE Code Cross Reference Table states that when the SPD code is KDB, the RE code of 3 will be assigned.
DISCUSSION AND CONCLUSIONS:
1. The available evidence shows the applicant was separated for hardship. Therefore, he was assigned an RE code of 3 which is consistent with the reason for separation. He has failed to show his assigned RE code is in error or unjust.
2. There is no apparent basis for removal or waiver of the applicant's disqualification that established the basis for the assigned RE code of 3. His desire to be able to enter the Army in the future was considered; however, there are no provisions authorizing the change of an RE code for this purpose.
3. However, he is advised that although no change to his RE code is recommended, this does not mean he is being denied reentry into the military. While an RE-3 does apply to persons who are not considered fully qualified for reentry or continuous service there are provisions for a waiver of the disqualification. If he desires to enlist he should contact a local recruiter to determine his eligibility. Those individuals can best advise a former service member as to the needs of the Army at the time and are required to process RE code waivers.
4. 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) AR20100030215
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ABCMR Record of Proceedings (cont) AR20100030215
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