BOARD DATE:	  8 March 2012

		DOCKET NUMBER:  AR20120000471 


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 the reentry (RE) code “3” he received when he was discharged in 1992 to RE code “1.”  

2.  He states he participated in an “early-out” program offered to qualified Soldiers during the Clinton administration.  He was not told the program would assign RE code “3.”  He never declined further service; he only accepted what he thought was a legitimate offer for deserving Soldiers.  He never thought it would affect him negatively and didn’t see it as an error on his DD Form 214 (Certificate of Release or Discharge from Active Duty).  When his term of service expired, he was unfamiliar with RE codes and how they could affect future service.  He was not informed RE code “3” would hinder him in future service until he applied for an Active Guard Reserve (AGR) position with the National Guard.  He served as an AGR Recruiting and Retention Noncommissioned Officer (NCO) beginning in 2004.  He was deployed overseas, and when he attempted to apply for an AGR Recruiting and Retention NCO position upon his return from deployment, he was informed RE code "3" deemed him ineligible, even though he had previously held an AGR position for several years.

3.  He provides a self-authored statement and his DD Form 214 for the period ending 19 June 1992.





CONSIDERATION OF EVIDENCE:

1.  On 28 July 1987, the applicant enlisted in the Regular Army (RA) for a period of 3 years and 14 weeks.  On 15 March 1990, he reenlisted for a period of 4 years.  On 19 June 1992, he was honorably discharged from the RA.  

2.  The available records do not include documentation related to his discharge processing in 1992.

3.  The DD Form 214 issued when he was discharged on 19 June 1992 shows in:

* item 25 (Separation Authority) – "[Army Regulation] 635-200, Chapter 16, [Paragraph] 16-5c"
* item 26 (Separation Code) – "KGF"
* item 27 (RE Code) – "3"
* item 28 (Narrative Reason for Separation) – "Declination of Continued Service Statement"

4.  On 20 June 1992, he enlisted in the California Army National Guard (CAARNG) for a period of 3 years.  He was apparently transferred to the U.S. Army Reserve on an unknown date.

5.  On 30 January 1996, the U.S. Army Reserve Personnel Center, St. Louis, MO, issued Orders D-01-616191, honorably discharging him from the U.S. Army Reserve Control Group (Reinforcement).

6.  On 29 October 2003, he enlisted in the CAARNG for a period of 3 years with a waiver of enlistment disqualification for RE code "3."  He has served continuously since that date.  His record shows:

* on 27 November 2007, he completed a period of service in an AGR position
* he was mobilized from 15 August 2009 to 1 June 2010
* he was ordered to active duty for operational support effective 4 February 2012 

7.  Army Regulation 635-200 (Personnel Separations – Enlisted Personnel), in effect at the time of his discharge in 1992, stated in paragraph 16-5c that Soldiers who declined to meet service remaining requirements and who had signed a Declination of Continued Service Statement (DCSS) could request immediate separation.  Soldiers who had signed a DCSS and were subsequently alerted for schooling or an assignment for which they had sufficient service remaining, were required to request early separation within 30 days of the alert, or else comply with the reassignment instructions.

8.  Army Regulation 635-5-1 (Separation Program Designators (SPD)) prescribes the specific authorities (statutory or other directives), reasons for separating Soldiers from active duty, and the SPD codes to be entered on the DD Form 214.  A review of the version of the regulation in effect at the time failed to reveal the SPD code applicable to Soldiers separated under the provisions of Army Regulation 635-200, paragraph 16-5c; however, the regulation shows individuals separated under paragraph 16-5a and 16-5b were to be assigned SPD code "KGF."

9.  The SPD/RE Code Cross-Reference Table provides instructions for determining the RE code for active Army Soldiers and Reserve Component Soldiers.  This cross-reference table shows the SPD codes and corresponding RE codes.  The table in effect at the time shows SPD code "KGF" had corresponding RE codes of "3" or "4."  RE code "3" was to be assigned to individuals honorably discharged with this SPD code.

10.  Army Regulation 135-18 (The AGR Program) provides Army policy for the selection, utilization, and administration of Army National Guard of the United States Soldiers ordered to full-time National Guard duty (FTNGD).  Table 2-2 (Waivable Disqualifications for Entry in the AGR Program) states, unless waived, entry in the AGR Program will be denied if a Soldier is an enlisted Soldier ineligible for reenlistment or extension per National Guard Regulation 600–200 (Enlisted Personnel Management).  

11.  National Guard Regulation 600-200 states Soldiers separated with RE code "3" are not fully qualified for reentry or continuous service at time of separation, but this disqualification is waivable.

DISCUSSION AND CONCLUSIONS:

1.  The available records do not show evidence of error in the RE code entered on the applicant's DD Form 214 for the period ending 19 June 1992.  

2.  The record shows he was honorably discharged under the provisions of Army Regulation 635-200, paragraph 16-5c, based on having signed a DCSS.  The available records do not show the SPD code assigned to Soldiers discharged based on a DCSS at the time.  However, Soldiers discharged under related provisions of Army Regulation 635-200 were assigned SPD code "KGF."  RE code "3" applied to Soldiers honorably discharged with this SPD code.

3.  In the absence of evidence showing otherwise, it must be presumed that the RE code shown on his DD Form 214 for the period ending 19 June 1992 is correct.  Therefore, he is not entitled to the relief he has requested.  

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)                                         AR20120000471





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ABCMR Record of Proceedings (cont)                                         AR20120000471



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