IN THE CASE OF:	  

		BOARD DATE:	  1 December 2011

		DOCKET NUMBER:  AR20110011609 


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 eligibility (RE) code be changed.

2.  The applicant states:

* He was informed his reentry into the Army will require a waiver due to his RE code
* He did not have any legal issues while serving in the military
* He never had any medical issues, then or now, which would warrant an RE-3 code 
* Throughout his career he maintained a clean record
* He believes this code was recorded in error
* He wants to reenlist  

3.  The applicant provides:

* Discharge orders
* DD Form 214 (Certificate of Release or Discharge from Active Duty)

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.  Having prior service in the Army National Guard, the applicant enlisted in the Regular Army on 22 October 1997 for a period of 3 years.  He was honorably discharged on 16 February 2000 for immediate reenlistment.  He reenlisted on 17 February 2000 for a period of 3 years.  On 20 March 2002, he was honorably discharged for immediate reenlistment.  He reenlisted on 21 March 2002 for a period of 2 years.  He served as a wheel vehicle repairer in Iraq.  

3.  On 29 June 2003, he signed a Declination of Continued Service Statement.

4.  On 20 March 2004, he was honorably discharged in the rank of sergeant under the provisions of Army Regulation 635-200 (Personnel Separations), chapter 4, for completion of required active service.

5.  Item 25 (Separation Authority) of the applicant's DD Form 214 for the period ending 20 March 2004 shows the entry "AR [Army Regulation] 635-200, CHAP [chapter] 4."  Item 26 (Separation Code) of this DD Form 214 shows the entry "KBK."  Item 27 (Reentry Code) of this DD Form 214 shows the entry "3."  Item 28 (Narrative Reason for Separation) of this DD Form 214 shows the entry "COMPLETION OF REQUIRED ACTIVE SERVICE."  

6.  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 SPD's to be used for these stated reasons.  The regulation states the reason for discharge based on SPD code "KBK" is "completion of required active service" and the regulatory authority is Army Regulation 635-200, chapter 4.

7.  Pertinent Army regulations provide 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 (Active and Reserve Components Enlistment Program) covers eligibility criteria, policies, and procedures for enlistment processing into the Regular Army, U.S. Army Reserve, and Army National Guard.  Chapter 3 of that regulation prescribes basic eligibility for prior-service applicants for enlistment and includes a list of Armed Forces RE codes.

8.  RE-3 applies to persons who are not considered fully qualified for reentry or continuous service at the time of separation, but the disqualification is waivable.

9.  RE-1 applies to persons completing an initial term of active service who were fully qualified when last separated.

10.  The SPD/RE Code Cross Reference Table, dated 31 March 2003, shows that SPD code "KBK" will be assigned an RE code of 1 or 3.  This table states that RE code 3 will be assigned when a Soldier's record indicates (for current enlistment period) that he/she is ineligible for or otherwise denied immediate reenlistment; has a declination of continued service statement; has (not met) grade and service criteria in Army Regulation 601-210, paragraph 3-10; has time lost due to being absent without leave or confinement; or has an immediate reenlistment prohibition code of "9T" [waiver required for continued Regular Army service (suspended)].

DISCUSSION AND CONCLUSIONS:

1.  Evidence of record shows the applicant signed a Declination of Continued Service Statement on 29 June 2003.

2.  Since the governing regulation states RE code 3 will be assigned when a Soldier's record indicates he has a declination of continued service statement, the applicant's RE code was administratively correct and in conformance with applicable regulations at the time of his separation.  Therefore, there is no basis for granting the applicant's requested relief.

3.  His current RE code is a waivable code.  Therefore, the applicant may still apply for service in the Armed Forces and request the appropriate waiver.
  
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)                                         AR20110011609





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ABCMR Record of Proceedings (cont)                                         AR20110011609



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