IN THE CASE OF:	  

		BOARD DATE:  17 April 2012

		DOCKET NUMBER:  AR20110020942 


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 from an RE code of 3 to an RE code of 1.  In addition, he requests to add his previously awarded Army Commendation Medal to his DD Form 214 (Certificate of Release or Discharge from Active Duty).

2.  The applicant states when he returned from deployment to Afghanistan he had 6 months until his expiration term of service.  He was told he either had to reenlist and depart on his orders or to decline the orders.  He contends he should never have been placed on orders since he had less than 13 months remaining in service and feels the RE code does not reflect his service.  He further states he has spoken to other branches of service about reentering service as an officer when he completes his degree; however, he believes he will be unable to do so with his current RE code.   

3.  The applicant provides:

* DD Form 214
* DA Form 638 (Recommendation for Award)

CONSIDERATION OF EVIDENCE:

1.  Having 9 months and 6 days of prior active service, the applicant's records show he enlisted in the Regular Army (RA) on 1 October 2007, held military occupational specialty 31B (Military Police), and attained the rank/grade of specialist/E-4.  
2.  He was assigned to the 92nd Military Police Company, Smith Barracks, Baumholder, Germany and served in Afghanistan from 15 June 2009 to 16 June 2010. 

3.  The applicant provides Permanent Order Number 003-069, issued by Headquarters, 4th Brigade Combat Team (Airborne), 25th Infantry Division, Forward Operating Base Salerno, dated 3 January 2010, which shows he was awarded the Army Commendation Medal.

4.  His record contains DA Form 4991-R (Declination of Continued Service Statement (DCSS)), dated 14 September 2010, which shows he incurred a service-remaining requirement under the provisions of Chapter 4, Army Regulation 601-280 (Army Retention Program), as a result of receiving assignment instructions to Fort Campbell, KY.  He elected to decline the assignment with the understanding that doing so would have the following effects:

   a.  Placement in a nonpromotable status;

   b.  Prohibited from reenlistment or extension of enlistment;

   c.  Removal from the promotion standing list; and

   d.  Prohibited to apply for reentry into the Active Army for a period of at least 93 days if separated at normal expiration term of service (ETS), and at least       2 years if voluntarily separated before ETS under paragraph 16-5, Army Regulation 635-200 (Personnel Separations).

5.  He was honorably released from active duty (REFRAD) on 31 December 2010 under the provisions of chapter 4 of Army Regulation 635-200 by reason of completion of his required active service.  He was transferred to Detachment 1, 649th Military Police Company, Fresno, CA to complete his remaining service obligation.  Item 13 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of his DD Form 214 shows:

* Afghanistan Campaign Medal with one campaign star
* Air Force Outstanding Unit Award
* Army Good Conduct Medal
* National Defense Service Medal
* Global War on Terrorism Service Medal
* Army Service Ribbon
* Overseas Service Ribbon (2nd Award)

* Air Force Training Ribbon
* North Atlantic Treaty Organization Medal

6.  His DD Form 214 also shows he completed 3 years and 3 months of creditable active military service during this period.  This form also shows in:

* item 18 (Remarks), the entry "Signed Declination for Continued Service”, DA Form 4991-R 
* item 26 (Separation Code), the entry "MBK"
* item 27 (Reentry Code), the entry "3"

7.  Army Regulation 635-200 sets forth the basic authority for the separation of enlisted personnel.  It states prior to discharge or REFRAD, individuals will be assigned RE codes, based on their service records or the reason for discharge.  Army Regulation 601-210 (RA and Reserve Component (RC) 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 code of "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.  A code of "3" applies to Soldiers who are not considered fully qualified for reentry or continuous service at time of separation, but the disqualification is waivable.  However, those individuals are ineligible unless a waiver is granted.  

8.  Army Regulation 635-5-1 (Separation Program Designator Codes) states the Separation Program Designator (SPD) codes are three-character alphabetic combinations which identify reasons for, and types of, separation from active duty.  The SPD code of "MBK" is the correct code for Soldiers REFRAD for completion of required active service under the provisions of chapter 4, Army Regulation 635-200.  This code is used for RA Soldiers eligible to reenlist or with a DCSS who are REFRAD on completion of enlistment and transferred to the Reserve components to complete military service obligation. 

9.  The SPD/RE Code Cross Reference Table provides instructions for determining the RE code for RA and RC Soldiers.  This cross reference table shows the SPD code and corresponding RE code.  The SPD code of "MBK" has a corresponding RE code of either a “1” or a "3."  A Soldier is assigned an       RE-3 when the Soldier’s record indicates (for current enlistment period) that he/she is ineligible for or otherwise denied immediate reenlistment or has a DCSS.



DISCUSSION AND CONCLUSIONS:

1.  Orders show he was awarded the Army Commendation Medal.  Therefore, his DD Form 214 should be corrected to show this award.

2.  The evidence of record confirms while stationed in Germany, he received reassignment instructions to Fort Campbell, KY, which would have required him to extend or reenlist to meet the service remaining requirements for reassignment to the continental United States. 

3.  He elected not to extend or reenlist and signed a DCSS instead.  This action voided or deleted his reassignment instructions to Fort Campbell, but it also made him ineligible to extend or reenlist.  Thus he continued the remainder of his enlistment commitment in Germany until he was REFRAD.  Having signed a DCSS, he was assigned an SPD code of MBK.  In his case, the appropriate     RE code associated with this SPD is RE code of 3 which is correctly shown on his DD Form 214.  Therefore, he is not entitled to the requested relief.

4.  The Army Board for Correction of Military Records does not correct records solely for the purpose of establishing eligibility for other programs or benefits.  He is advised 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 enlistment waivers for his RE code. 

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

___X____  ___X ___  ____X___  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that the evidence presented was sufficient to warrant a recommendation for partial relief.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by adding to item 13 of his DD Form 214 the Army Commendation Medal.

2.  The Board further determined that the evidence presented was insufficient to warrant a portion of the requested relief.  As a result, the Board recommends denial of so much of the application that pertains to changing his RE code of 3 to an RE code of 1.  




      _________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)                                         AR20110020942



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ABCMR Record of Proceedings (cont)                                         AR20110020942



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