BOARD DATE: 11 July 2013
DOCKET NUMBER: AR20120022927
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 that his reentry eligibility (RE) code be changed from RE-3 to RE-1.
2. The applicant states he completed his required service obligation and he was released from the Army without any adverse action.
3. The applicant provides a copy of his DD Form 214 (Certificate of Discharge from Active Duty).
CONSIDERATION OF EVIDENCE:
1. The applicant enlisted in the Regular Army (RA) for 3 years on 23 October 2002. He completed training and he was awarded military occupational specialty 89B (Ammunition Specialist).
2. The applicant's record contains an Enlisted Record Brief (ERB), dated
16 December 2010, which contains an Immediate Reenlistment Eligibility/Prohibition (ERUP) Code of 9K (Field Bar to Reenlistment).
3. His DD Form 214 that shows on 5 March 2011 the applicant was honorably discharged under the provisions of Army Regulation 635-200 (Active Duty Enlisted Administrative Separations), chapter 4, upon completion of his required active service. This form also shows he was involuntary separated from active service and he was entitled to separation pay in the amount of $14,001.94. He completed 8 years, 4 months, and 13 days of creditable active service. At the time of his discharge, he held the rank/grade of sergeant/E-5. He was assigned a Separation Program Designator (SPD) Code of JBK (completion of required active service) and an RE code of "3."
4. Army Regulation 601-210 (Active and Reserve Components Enlistment Program) covers eligibility criteria, policies, and procedures for enlistment and processing into the RA and the U.S. Army Reserve (USAR). Chapter 3 of that regulation prescribes basic eligibility for prior service applicants for enlistment. That chapter includes a list of Armed Forces RE codes, including RA RE codes. An RE code of "3" applies to persons who have a waivable disqualification. Chapter 4 states recruiting personnel have the responsibility for initially determining whether an individual meets current enlistment criteria and are responsible for processing waivers.
5. Army Regulation 635-5-1 (SPD Codes) provides the specific authorities and reasons for separating Soldiers from active duty, and the SPD codes to be entered on the DD Form 214. The SPD code JBK is to be used for RA Soldiers ineligible for, barred from, or otherwise denied reenlistment that are separated on completion of enlistment.
6. 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 code and a corresponding RE code. The table in effect at the time of his discharge shows the SPD code JBK has a corresponding RE code of "3."
DISCUSSION AND CONCLUSIONS:
1. The applicant's request to change his RE code from an RE code of
3 to 1 has been carefully considered. However, there is insufficient evidence to support this claim.
2. His record contains an ERB, dated 16 December 2010, which contains an ERUP Code of 9K. In addition, the record contains a DD Form 214 that identifies the authority and reason for discharge and the corresponding SPD and RE codes. Absent any evidence of error or an injustice this document carries with it a presumption of government regularity in the separation process. The applicant believes he was incorrectly assigned an RE code of 3; however, given the information on his ERB and the absence of any compelling independent evidence of error or injustice, there is an insufficient evidentiary basis to support granting the requested relief.
3. The applicant is advised that the Board is not an investigative body and it begins its review of every case with the presumption that what the Army did is correct. The burden of proving otherwise rests with the applicant.
4. The applicant is further advised that an RE code of 3 is a waivable disqualification. Therefore, if he desires to reenlist he should contact local recruiting officials who are responsible for processing RE code waivers.
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.
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