IN THE CASE OF:
BOARD DATE: 24 April 2012
DOCKET NUMBER: AR20110019816
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 (RE) Code be changed from a 3 to a 1.
2. The applicant states that he was erroneously issued an RE Code of 3 instead of a 1. He goes on to state that he is currently serving in the National Guard and cannot enlist in the Regular Army (RA) without a correction to his
DD Form 214.
3. The applicant provides a copy of his DD Form 214 (Certificate of Release or Discharge from Active Duty).
CONSIDERATION OF EVIDENCE:
1. The applicant enlisted in the RA on 29 May 2002. He completed basic training at Fort Knox, Kentucky and advanced individual training as an explosive ordnance disposal specialist at Aberdeen Proving Ground, Maryland.
2. He remained on active duty through a series of continuous reenlistments and was promoted to the pay grade of E-6 on 1 February 2009.
3. On 15 October 2009, while serving in Afghanistan, the applicant received assignment instructions to Eglin Air Force Base, Florida that required 36 months of stabilization. The applicant signed a Declination of Continued Service Statement (DCSS) indicating that he did not desire to meet the service remaining requirements for the assignment. This amounted to a self-imposed bar to reenlistment.
4. On 15 October 2010, the applicant also signed an enlistment contract for enlistment in the Michigan Army National Guard for 1 year after his discharge from the Army.
5. On 21 November 2010, the applicant was honorably discharged at Fort Richardson, Alaska under the provisions of Army Regulation 635-200, chapter 4, due to completion of required active service. He had served 8 years, 5 months and 23 days of active service and he was assigned a separation code of KBK and an RE Code of 3.
6. Army Regulation 601-210 provides the guidance for the issuance of RE codes upon separation from active duty. It states that these codes are not to be considered derogatory in nature; they are simply codes that are used for identification of an enlistment processing procedure.
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 for continuous service at time of separation, but the disqualification is waivable. A separation code of KBK is issued to RA Soldiers with a Declination of Continued Service Statement in force who are discharged on completion of enlistment.
DISCUSSION AND CONCLUSIONS:
1. The applicants administrative discharge was accomplished in accordance with applicable regulations with no indication of any violations of the applicants rights.
2. The applicant was discharged under the provisions of Army Regulation
635-200, chapter 4 and he had a DCSS in force at the time; therefore, he was properly assigned an RE code of 3 in accordance with the applicable regulations.
3. The applicant has failed to show through the evidence submitted or the evidence of record that he was assigned the wrong RE code at the time he was discharged or that there is an error or injustice in his case.
4. He is not precluded from applying for a waiver of his RE code at a nearby recruiting office if he is otherwise qualified and the needs of the Army at the time justify his return to service; however, there is no basis for changing his RE code at this time.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
___x____ ___x____ ____x___ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
1. 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.
2. The Board wants the applicant and all others concerned to know that this action in no way diminishes the sacrifices made by the applicant in service to the United States during the Global War on Terrorism. The applicant and all Americans should be justifiably proud of his service in arms.
_______ _ __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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ABCMR Record of Proceedings (cont) AR20110019816
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