IN THE CASE OF:	  

		BOARD DATE:	  5 June 2012

		DOCKET NUMBER:  AR20110023505 


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 correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) as follows:

* Item 27 (Reentry (RE) Code) from RE-3 to RE-1
* Item 12e (Total Prior Inactive Service) from 5 months and 11 days to 6 years
* Item 12f (Foreign Service) from 2 years, 6 months, and 20 days to 3 years
* Item 20 (Member Requests Copy 6 Be Sent To State Office of Veterans Affairs) from "MA" to "HI"

2.  The applicant states:

* There is no justification for an RE-3; he had no legal or administrative problems
* He served 6 years of active service and he fulfilled the requirements of his enlistment commitments
* He was never counseled or informed about the severity of his RE Code
* With respect to his foreign service, he was issued a DD Form 214 prior to his actual separation because he took transition leave; he actually completed 3 years of foreign service
* With respect to the inactive service, he previously served in the Army National Guard from 1996 to 2002
* The DD Form 214 should have been sent to the State of Hawaii because that is what his Home of Record (HOR) is

3.  The applicant provides his DD Form 214.

CONSIDERATION OF EVIDENCE:

1.  The applicant enlisted in the Massachusetts Army National Guard (MAARNG) on 26 January 1996.  His DD Form 4 (Enlistment/Reenlistment Document - Armed Forces of the United States) and allied documents listed his HOR as "Uxbridge, MA."

2.  He entered active duty for training (ADT) on 7 July 1996.  He completed the required training and he was awarded military occupational specialty (MOS) 31B (Military Police (MP)).  He was honorably released from ADT to an ARNG MP unit at Southbrigde, MA.

3.  His DD Form 214 shows he completed 4 months and 2 days of net active service this period and 5 months and 11 days of inactive service.

4.  He was assigned to the 747th Military Police Company, Southbridge, MA, and he appears to have participated in unit drills and/or annual training.  However, his National Guard Bureau (NGB) Form 23B (ARNG Retirement Points Statement) is not available for review with this case.

5.  He was honorably separated from the ARNG on 25 January 2002 by reason of completion of his required service and he was transferred to the U.S. Army Reserve (USAR) Control Group (Annual Training) to complete his remaining military service obligation.  His NGB Form 22 (Report of Separation and Record of Service) shows he completed 6 years of total service for pay.

6.  On 5 April 2004, he enlisted in the Regular Army (RA) for 3 years at the San Diego, CA, Military Entrance Processing Station (MEPS).  His DD Form 4 for this period of enlistment also listed his HOR as "Uxbridge, MA."

7.  Subsequent to his enlistment, he appears to have been reassigned to the 39th Military Police Detachment, Fort Shafter, HI.  However, his exact dates of arrival to or departure from Hawaii are not available.

8.  On 28 April 2006, he executed a 4-year reenlistment in the RA, while in Hawaii.  His DD Form 4 for this period of service shows his HOR as "Uxbridge, MA."  Additionally, it shows in item 7 (Previous Military Service Upon Enlistment/Reenlistment) the entries:

* Total active military service - 2 years, 4 months, and 25 days
* Total inactive military service - 7 years, 10 months, and 6 days
9.  He appears to have been reassigned to Vicenza, Italy; however, his exact dates of arrival to or departure from Vicenza are not available with this case.  Nevertheless, his record contains official orders issued by the U.S. Army Garrison, Vicenza, dated 27 August 2007, promoting him to sergeant (SGT)/E-5.

10.  On 4 February 2010, the Vicenza Transition Center published
Orders 035-001 reassigning him to the Transition Center effective 27 May 2010 for separation processing.  The orders authorized him 65 days of transition leave. His availability date (to depart from Vicenza) is listed as 24 March 2010.

11.  On 27 May 2010, he was honorably discharged from active duty under the provisions of Army Regulation 635-200 (Active Duty Enlisted Administrative Separations), chapter 4, in the rank/grade of SGT/E-5, by reason of completion of required active service.  His DD Form 214 shows in:

* Item 12d (Total Prior Active Service) - "0000  04  00" (instead of 4 months and 2 days
* Item 12e - "000  05  11"
* Item 12f - "0002  06  20"
* Item 20 - "MA"
* Item 26 (Separation Code) - "KBK"
* Item 27 - "3"

12.  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.  

* An RE-1 code 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
* An RE-3 code 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 

13.  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 "KBK" is the correct code for Soldiers discharged from active duty for completion of required active service under the provisions of Army Regulation 635-200, chapter 4.  This code is used for RA Soldiers eligible to 

reenlist or with a declination of continued service statement (DCSS) who are released from active duty on completion of enlistment and transferred to the Reserve components to complete military service obligation. 

14.  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 "KBK" 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.

15.  Army Regulation 635-5 (Separation Documents) establishes the standardized policy for preparing and distributing the DD Form 214.  Chapter 2 of Army Regulation 635-5 contains guidance on the preparation of the DD Form 214.  Item 12 shows the Record of Service.  Extreme care is used when completing this block since post-service benefits, final pay, retirement credit, and so forth are based on this information.  A breakdown of entries in item 12 is as follows:

* Item 12a (date Entered Active Duty (AD) This Period) shows the beginning date of the continuous period of active duty for issuance of this DD Form 214
* Item 12b (Separation date This Period) shows the Soldier's transition date
* Item 12c (Net Active Service This Period) shows the amount of service this period, computed by subtracting item 12a from 12b; lost time, if any, is deducted and identified in item 18 (Remarks)
* Item 12d, obtained from previously-issued DD Forms 214, shows the total amount of prior active military service less lost time, if any; if not applicable, enter "0000  00  00"
* Item 12e is obtained from previously-issued DD Forms 214 and/or Enlisted Record Brief; it shows the total amount of prior inactive service, less lost time, if any
* Item 12f, shows the total foreign service completed during the period covered by the DD Form 214
* Item 20, shows a copy of the DD Form 214 will be forwarded, if requested, to the State Veterans Affairs Office (indicated by the Soldier) for eligibility determination of state benefits

DISCUSSION AND CONCLUSIONS:

1.  The applicant initially enlisted in the ARNG on 26 January 1996 and he was honorably separated from the ARNG on 25 January 2002.  According to his
DD Form 214, he completed a total of 4 months and 2 days of net active service during this period.

2.  He enlisted in the RA on 5 April 2004 and after a 4-year reenlistment in April 2006, he was honorably discharged from active duty on 27 May 2010.  He completed a total of 6 years, 1 month, and 23 days of net active service during this period.  This entry is correctly indicated on his DD Form 214.

3.  With respect to his inactive service, his total inactive service in item 12e cannot be determined in the absence of a breakdown of such service in the form of an NGB Form 23B or other documentation to compute the exact period of inactive service.  It is acknowledged that it appears to be much more than
5 months and 11 days.

4.  With respect to his foreign service, his total foreign service cannot be determined and must be presumed to be correct in the absence of his exact dates of arrival in/departure from Hawaii and Vicenza and the supporting documentary evidence in the form of a reassignment order, completed travel voucher, or other documentary evidence to help establish his exact period of foreign service.

5.  With respect to his state, contrary to his contention that his HOR was Hawaii, the evidence of record shows his HOR as Massachusetts.  He may have been stationed and/or resided in Hawaii but it was never designated as his HOR.  Additionally, the entry to forward the DD Form 214 to the Department of Veterans Affairs is a personal decision, designated by the Soldier, not by the official preparing the DD Form 214.  In the absence of evidence to the contrary, it must be presumed the applicant designed Massachusetts as the correct entry in
item 20.

6.  With respect to the RE Code:

	a.  Since he was a SGT/E-5 in MOS 31B stationed overseas, it is reasonable to presume that upon completion of his overseas tour, he would have received reassignment instructions stateside, which would have required him to extend or reenlist to meet the service remaining requirements for reassignment to the continental United States. 

	b.  He appears to have elected not to extend or reenlist and signed a declination of continued service statement instead.  This action would have voided or deleted his reassignment instructions but it would have also made him ineligible to extend or reenlist.  Thus he continued the remainder of his overseas 
tour in Vicenza until he was discharged.  Having presumably declined continued service, he was assigned an SPD code of KBK.  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.

	c.  In any case, the Board 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 

________  ________  ________  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)                                         AR20110023505



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ABCMR Record of Proceedings (cont)                                         AR20110023505



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