IN THE CASE OF:
BOARD DATE: 10 January 2013
DOCKET NUMBER: AR20120011597
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 a change to his reentry eligibility (RE) code from "3" to "1."
2. He states he signed a DA Form 4991-R (Declination of Continued Service Statement (DCCS)) before his expiration term of service (ETS) due to the Army ordering his permanent change of station (PCS) to Hawaii with insufficient time left on his enlistment contract. He states it has been over his 93-day window and he needs his RE code changed to enlist in the U.S. Air Force (USAF).
3. He provides his DD Form 214 (Certificate of Release or Discharge from Active Duty) and DD Form 214C (Continuation Sheet).
CONSIDERATION OF EVIDENCE:
1. On 10 August 2004, the applicant enlisted in the Regular Army for a period of 5 years. After completing initial entry training, he was awarded military occupational specialty 31B (Military Police).
2. On 21 October 2006, he reenlisted for a period of 5 years which obligated him to serve in the Regular Army until 20 October 2011.
3. His record does not include a DCCS, nor does it include documentation showing he was selected for PCS to Hawaii prior to his ETS.
4. A DA Form 5691-R (Request for Reserve Component Assignment Orders) shows he requested assignment to a Washington Army National Guard Unit (WAARNG) on 8 August 2011.
5. On 8 August 2011, he enlisted in the WAARNG for a period of 3 years.
6. On 20 October 2011, he was honorably released from active duty and transferred to the WAARNG. He completed 7 years, 2 months, and 11 days of net active service during this period.
7. His DD Form 214 shows in:
* item 18 (Remarks) he signed a DCCS
* item 27 (RE Code) "3"
8. The Separation Program Designator (SPD)/RE Code Cross-Reference Table provides instructions for determining the RE code to be entered on the DD Form 214 for active Army and Reserve Component Soldiers. Instructions prefacing the table state to enter RE code "3" when a Soldier's record indicates the Soldier has a DCCS.
9. Army Regulation 601-280 (Army Retention Program) governs use of the DCCS. It states Soldiers, other than those in their initial term, having 4 or more years of service for pay purposes at ETS must take action to meet service remaining requirements (SRR), such as the service obligation incurred by making a PCS. This action is required regardless of the SRR starting or reporting date, to include those after the Soldier's current ETS. Soldiers eligible but refusing to take action to satisfy military SRR will be denied further service through the DA Form 4991-R.
10. Army Regulation 601-280 states:
a. Soldiers indicating a desire to refuse to take action to meet an SRR will be advised by the servicing Career Counselor regarding the impact of the refusal.
b. If a Soldier still indicates a desire to refuse to take action to meet the SRR, the servicing Career Counselor will initiate DA Form 4991-R.
c. The commander/first sergeant will counsel the Soldier, ensuring the Soldier fully understands that refusal to comply with orders will result in the execution of a DCSS. Specifically, Soldiers with a DCSS are:
(1) placed in a nonpromotable status;
(2) prohibited from reenlistment or extension of enlistment;
(3) prohibited from applying for reentry into the Regular Army for a period of at least 93 days if separated at normal ETS and at least 2 years if voluntarily separated before ETS under applicable provisions of Army Regulation 635-200 (Active Duty Enlisted Administrative Separations);
(4) required to receive a rank determination from Headquarters, Department of the Army (HQDA), if approved for reentry into the Regular Army;
(5) prohibited from application, selection, or attendance for commissioning or warrant officer appointment programs while on the current period of active duty;
(6) precluded from consideration by HQDA for centralized selection for promotion and/or advanced schooling;
(7) eligible to request voluntary separation under the provisions of paragraph 16-5, Army Regulation 635-200;
(8) eligible for other assignments (continental United States (CONUS) and outside CONUS) provided the Soldier has sufficient service remaining to meet the requirements of the new assignment; and
(9) not eligible for separation pay.
DISCUSSION AND CONCLUSIONS:
1. The evidence of record shows the applicant signed a DCCS. As a result, he was properly assigned RE code "3." In the absence of evidence showing error in the assignment of this RE code, there is no basis for granting the requested relief.
2. The applicant's statement that his RE code is preventing him from enlisting in the USAF is noted. This is a matter he must address with that Service branch.
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 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) AR20120011597
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ABCMR Record of Proceedings (cont) AR20120011597
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