IN THE CASE OF:  

		BOARD DATE:  21 November 2013

		DOCKET NUMBER:  AR20130006471


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, in effect, an upgrade of his reentry (RE) code from "RE-3" to "RE-1."

2.  The applicant states:

* he was not informed of all the repercussions of signing a Declination of Continued Service Statement (DCSS)
* it was not clear to him that signing a DCSS would hinder his ability to re-enter the Armed Forces
* he proudly served for 7.5 years and would like to serve again – this is the only thing holding him back

3.  The applicant provides no additional evidence in support of his request. 

CONSIDERATION OF EVIDENCE:

1.  On 25 June 2003, the applicant enlisted in the Regular Army (RA).               

2.  He completed his initial entry training and was awarded military occupational specialty (MOS) 13M (Multiple Launch Rocket System (MLRS)/High Mobility Artillery Rocket System (HIMARS) Crewmember).  

3.  On or about 26 January 2004, upon the completion of his initial entry training, he was reassigned to Battery B, 1st Battalion, 21st Field Artillery Regiment,    41st Fires Brigade, Fort Hood, TX.
4.  His Enlisted Record Brief (ERB) shows he deployed on 3 occasions in support of Operation Iraqi Freedom.

5.  On 4 December 2006, he reenlisted in the RA.

6.  On 1 November 2007, he was promoted to the rank/grade of sergeant (SGT)/E-5.

7.  On 3 December 2010, he was honorably discharged from the Army at the completion of 7 years, 5 months, and 9 days of net active service.  His             DD Form 214 (Certificate of Release or Discharge from Active Duty):

  a. Item 18 (Remarks), contains the entry "Not Eligible for Separation Pay; Signed Declination for Continued Service, DA Form 4991-R [DCSS]";

   b. Item 25 (Separation Authority), contains the entry "AR [Army Regulation] 635-200 [Active Duty Enlisted Administrative Separations], chap [chapter] 4";

c. Item 26 (Separation Code), contains the entry "KBK";

d. Item 27 (Reentry Code), contains the entry "3"; and

   e. Item 28 (Narrative Reason for Separation), contains the entry "Completion of Required Active Service."

8.  The DCSS is not available for review with this case; however, his ERB shows a reenlistment code of 9Q, indicating he was previously identified for reassignment and he refused to extend or reenlist to meet the service remaining requirements for reassignment. 

9.  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.  This regulation provides 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.  Chapter 3 of this regulation prescribes basic eligibility for prior service applicants for enlistment, and includes a list of Armed Forces reentry codes, including RA RE codes.  Table 3-1 includes a list of RA RE codes:

   a. RE-1 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.

   b. RE-3 applies to Soldiers who are not considered fully qualified for reentry or continuous service at time of separation, but disqualification is waivable.  They are ineligible unless a waiver is granted.

10.  Army Regulation 601-280 (Army Retention Program) prescribes criteria for the Army retention program and sets forth policies concerning command responsibilities for immediate reenlistment (or extension of enlistment) of Soldiers currently serving in the RA and/or enlistment/transfer and assignment of Soldiers processing from the RA to the Reserve Components of the Army.  It provides, in pertinent part, that once a DCSS is processed, a Soldier is barred from enlistment.  A DCSS remains in effect unless removed by appropriate authority.  

11.  Army Regulation 635-5-1 (Separation Program Designator (SPD) Codes) implements Department of Defense policy for standardization of certain entries on DD Form 214.  It prescribes the specific authorities (statutory or other directives), reasons for separating Soldiers from active duty, and the SPD codes to be entered on DD Form 214.  Table 2-3 provides the SPD codes applicable to enlisted personnel.  The SPD code of KBK is the correct code for RA Soldiers eligible to reenlist, or with a DCSS in force, who are discharged under the provisions of Army Regulation 635-200, chapter 4, upon the completion of their enlistment.

12.  The SPD/RE Code Cross Reference Table provides instructions for determining the RE code for RA and Reserve Component Soldiers.  This cross reference table, dated 15 June 2006, shows SPD codes and their corresponding RE code.  The SPD code of KBK has a corresponding RE code of "RE-3" when a Soldier's record indicates the Soldier has signed a DCSS.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends his RE code should be upgraded, from "RE-3" to     "RE-1," because he was unaware of the repercussions of signing a DCSS.

2.  The applicant initially enlisted in the Regular Army on 25 June 2003, and he reenlisted in the Regular Army on 4 December 2006.  At some point after his reenlistment, he signed a DCSS.  Accordingly, he was denied continued service and he was discharged on 3 December 2010.  

3.  He continued the remainder of his enlistment commitment at Fort Hood, TX until he was discharged.  Having signed a DCSS, he was assigned an SPD code of KBK.  In his case, the appropriate RE code associated with this SPD is "RE-3" which is correctly shown on his DD Form 214.  Therefore, he is not entitled to the requested relief.
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 that 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)                                         AR20110007920



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ABCMR Record of Proceedings (cont)                                         AR20130006471



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