BOARD DATE: 6 October 2011
DOCKET NUMBER: AR20110005689
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 RE-3 to RE-1.
2. The applicant states a typographical error was made on his DD Form 214 (Certificate of Release or Discharge from Active Duty).
3. The applicant provides a copy of his DD Form 214.
CONSIDERATION OF EVIDENCE:
1. The applicant enlisted in the Regular Army (RA) for 3 years on 12 June 2003. He completed training as an infantryman. He reenlisted in the RA for 4 years on 29 April 2006.
2. On 28 April 2010, the applicant was honorably released from active duty under the provisions of Army Regulation 635-200, chapter 4, upon completion of his required active service. His DD Form 214 shows:
* he completed 6 years, 10 months, and 17 days of net active service this period
* his service was honorable
* he received an RE code 3
* he was assigned the separation program designator (SPD) code of MBK (completion of required active service)
3. The applicant's Enlisted Record Brief (ERB) shows he was assigned a 9Q reenlistment eligibility prohibition code.
4. Army Regulation 601-210 (Active and Reserve Components Enlistment Program) states 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 covers eligibility criteria, policies, and procedures for enlistment and processing into the Regular Army, U.S. Army Reserve, and Army National Guard. Chapter 3 prescribes basic eligibility for prior-service applicants for enlistment and includes a list of Armed Forces RE codes. An RE code 3 applies to persons who have a waivable disqualification.
5. Army Regulation 635-5-1 (SPD Codes) prescribes the specific authorities (regulatory, statutory, or other directives) and reasons for the separation of members from active military service and the SPD code to be used for these stated reasons.
6. The SPD/RE Code Cross Reference Table provides instructions for determining the RE code for Regular Army Soldiers and Reserve Component Soldiers. The SPD code of MBK has a corresponding RE code of 1 or 3. It states enter RE code 3 when the record indicates that the Soldier:
* is ineligible for or otherwise denied immediate reenlistment
* has a Declination of Continued Service Statement (DCSS)
* has grade and service criteria in Army Regulation 601-210, paragraph 3-10
* has time lost due to absence without leave or confinement
* has an Immediate Reenlistment Prohibition Code of "91"
* elected to receive retired pay at age 60 in lieu of disability severance pay (Enlisted Reserve Component only)
7. Army Regulation 680-29 (Military Personnel, Organization, and Type of Transaction Codes) shows that reenlistment eligibility prohibition code 9Q pertains to individuals who have a DCSS.
DISCUSSION AND CONCLUSIONS:
1. The applicant's contentions have been noted.
2. There appears to be no error or injustice in the RE code the applicant was assigned. His ERB shows he was assigned a 9Q reenlistment eligibility prohibition code.
3. The evidence of record indicates he had a DCSS and was assigned an RE code 3. In the absence of evidence to the contrary, it must be presumed that what the Army did in his case was correct.
4. In view of the foregoing, the applicant's request should be denied.
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.
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