IN THE CASE OF:	  

		BOARD DATE:	  26 January 2012

		DOCKET NUMBER:  AR20110012060 


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 change of his reentry eligibility (RE) code from RE-3 to RE-1.

2.  The applicant states:

* his code was recorded in error
* he would like to join the U.S. Army Reserve (USAR) and he needs an
RE-1 code to be accepted

3.  The applicant states the following in response to a request for information from a staff member of the Board:

* he was discharged on 10 June 2009 because he did not reenlist and could not continue in the Army in the grade of E-5
* he received $46,000.00 as severance pay
* he was offered orders to Fort Riley, KS, which he refused
* he would not have been promoted to E-6 because he had less than 1 year left on his enlistment
* he was uncertain about his separation code but he was advised by a civilian in the separations office at Schofield Barracks, HI that he would be able to enlist in the USAR
* he was advised by his recruiter that he could not enlist in the military with his type of discharge


4.  The applicant provides:

* two self-authored statements
* DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period ending 10 June 2009

CONSIDERATION OF EVIDENCE:

1.  Having had prior service, the applicant enlisted in the Regular Army (RA) on 16 November 2005 for a period of 3 years and 18 weeks.

2.  He was honorably discharged on 10 June 2009.  The DD Form 214 he was issued at the time shows in:

* Item 4a (Grade, Rate or Rank) the entry "SGT"
* Item 4b (Pay Grade) the entry "E05" [E-5]
* Item 9 (Command to which Transferred) the entry "N/A" [not applicable]
* Item 12c (Net Active Service This Period) the entry "0003  06  25" indicating 3 years, 6 months, and 25 days
* Item 12d (Total Prior Active Service) the entry "0010  02  00" indicating
10 years and 2 months
* Item 12e (Total Prior Inactive Service) the entry "0007 years, 2 months, and 25 days"
* Item 18 (Remarks) he received $46,421.46 in separation pay
* Item 26 (Separation Code) the entry "JBK"
* Item 27 (RE Code) the entry "3"
* Item 28 (Narrative Reason for Separation) the entry "Completion of Required Active Service"

3.  The applicant's interactive Personnel Electronic Management System (iPERMS) file does not contain documentation that specifically shows the reason for his involuntary separation.

4.  Army Regulation 635-200 (Personnel Separations – Active Duty Enlisted Administrative Separations) sets forth the basic authority for the separation of enlisted personnel.  It states under chapter 4, a Soldier will be separated upon expiration of enlistment or fulfillment of service obligation.

5.  Army Regulation 635-5-1 (Separation Program Designator (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.  It states that the SPD code JBK is the appropriate code to assign to Soldiers 


separated under the provisions of Army Regulation 635-200, chapter 4, by reason of completion of required active service.  Except for those with a Declination of Continued Service Statement in force, this code will be used for RA Soldiers ineligible for, barred from, or otherwise denied reenlistment that are separated on completion of enlistment.  The SPD/RE Code Cross Reference Table stipulates that an RE-3 code will be assigned to members separated under these provisions with an SPD code of JBK.

6.  Army Regulation 635-200 further 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 (Active and Reserve Components Enlistment Program), covers eligibility criteria, policies, and procedures for enlistment and processing into the RA and the USAR.  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 for enlistment unless a waiver is granted.

7.  Army Regulation 601-280 (Total Army Retention Program) prescribes the criteria for the Army Retention Program.  For those Soldiers serving in the RA, it outlines procedures for immediate reenlistment or extension of enlistment.  For Soldiers separating from the RA, it prescribes eligibility criteria and options for enlistment or transfer into the Reserve Component (USAR and Army National Guard).  Chapter 3 (Qualification for immediate Reenlistment), paragraph 3-8g (Rank) states a Soldier may not exceed the retention control points (RCP) as shown in Table 3-1 by more than 29 days before expiration of contracted service (reenlistment or extension).  Table 3-1 shows:

RANK
TOTAL ACTIVE SERVICE IN YEARS
SGT
15
SGT (Promotable)
20
SSG (E-6)
22
DISCUSSION AND CONCLUSIONS:

1.  The applicant's request for a change of his RE code was carefully considered. 


2.  The applicant states he refused reassignment orders and to extend or reenlist to meet the time in service remaining requirement for the purpose of reassignment.  As such, he would have been counseled regarding the effect of his refusal to take action to meet the criteria for his proposed PCS move to Fort Riley and the impact on future enlistments.  In effect, he was barred from reenlistment because he failed to take the necessary action to become PCS eligible.

3.  He further stated he would not be promoted to E-6 and that he was over the end of tenure for an E-5.  However, the governing Army regulation shows the RCP for SGT was then and now 15 years; SGT promotable 20 years; and SSG 22 years.  He had less than 14 years of active service when he separated.  As such, whether he was promoted or not did not affect his ability to comply with extending to meet the service remaining requirement for a PCS move.

4.  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.

5.  The Army Board for Correction of Military Records (ABCMR) does not correct records solely for the purpose of establishing eligibility for other programs or benefits.  The applicant is advised that 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 may process RE code waivers.

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)                                         AR20110012060



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ABCMR Record of Proceedings (cont)                                         AR20110012060



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