IN THE CASE OF:
BOARD DATE: 31 July 2012
DOCKET NUMBER: AR20120001885
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.
2. The applicant states:
* He thinks the RE code should be changed so he can reenlist
* Before he got discharged he signed a statement so he did not have to complete a permanent change of station (PCS) move
* He stayed at his current station and got an honorable discharge
3. The applicant provides his DD Form 214 (Certificate of Release or Discharge from Active Duty).
CONSIDERATION OF EVIDENCE:
1. The applicant enlisted in the Regular Army on 11 July 2002 for a period of 4 years. He was honorably discharged on 10 December 2005 for immediate reenlistment. He reenlisted on 11 December 2005 for a period of 4 years. He served four tours in Iraq as a motor transport operator.
2. On 17 December 2009, he was honorably discharged in the rank of specialist under the provisions of Army Regulation 635-200 (Personnel Separations), chapter 4, for completion of required active service.
3. Item 18 (Remarks) of his DD Form 214 shows the entry "SIGNED DECLINATION FOR CONTINUED SERVICE, DA FORM 4991-R."
4. His DD Form 214 shows in:
* Item 25 (Separation Authority) the entry "AR (Army Regulation) 635-200, CHAP (chapter) 4"
* Item 26 (Separation Code) the entry "KBK"
* Item 27 (Reentry Code) the entry "3"
* Item 28 (Narrative Reason for Separation) the entry "COMPLETION OF REQUIRED ACTIVE SERVICE"
5. Army Regulation 635-5-1 (Separation Program Designator (SPD) Codes) prescribes the specific authorities (regulatory, statutory, or other directives), the reasons for the separation of members from active military service, and the SPD's to be used for these stated reasons. The regulation states the reason for discharge based on SPD code "KBK" is "completion of required active service" and the regulatory authority is Army Regulation 635-200, chapter 4.
6. Pertinent Army regulations provide 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 processing into the Regular Army, U.S. Army Reserve, and Army National Guard. Chapter 3 of that regulation prescribes basic eligibility for prior-service applicants for enlistment and includes a list of Armed Forces RE codes.
7. RE-3 applies to persons who are not considered fully qualified for reentry or continuous service at the time of separation, but the disqualification is waivable.
8. RE-1 applies to persons completing an initial term of active service who were fully qualified when last separated.
9. The SPD/RE Code Cross Reference Table, dated 15 June 2006, shows that SPD code "KBK" will be assigned an RE code of 1 or 3. This table states that RE code 3 will be assigned when a Soldier's record indicates (for current enlistment period) that:
* he/she is ineligible for or otherwise denied immediate reenlistment
* has a declination of continued service statement; has (not met) grade and service criteria in Army Regulation 601-210, paragraph 3-10
* has time lost due to being absent without leave or confinement
* has an immediate reenlistment prohibition code of "9T" [waiver required for continued Regular Army service (suspended)]
* elected to receive retired pay at age 60 in lieu of disability severance pay (Enlisted Reserve Component only)
DISCUSSION AND CONCLUSIONS:
1. Evidence of record shows the applicant signed a declination of continued service statement.
2. Since the governing regulation states RE code 3 will be assigned when a Soldier's record indicates he has a declination of continued service statement, 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.
3. His current RE code is a waivable code. Therefore, the applicant may still apply for service in the Armed Forces and request the appropriate waiver.
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) AR20120001885
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ABCMR Record of Proceedings (cont) AR20120001885
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