IN THE CASE OF:

		BOARD DATE:  5 December 2013

		DOCKET NUMBER:  AR20130006548 


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 change of his reentry eligibility (RE) code from RE-3 to RE-1.

2.  The applicant states the RE-3 code is incorrect.

	a.  He believes this entry on the DD Form 214 (Certificate of Release or Discharge from Active Duty) is the result of his denial to reenlist in 2007.  However, he was not aware of pending orders for reassignment during that period; therefore, he never signed a declination statement.  He separated from military service in 2007 to attend college on a full-time basis.  He does not believe his option to reenter active duty should be impeded because of his decision to attend college using veterans educational benefits.  He discovered the error after considering the possibility of entering the U.S. Army as an officer.  He has a 4-year degree now and he would like to continue serving his country.

	b.  He has a flawless military record that is supported by every DA Form 2166-8 (Noncommissioned Officer Evaluation Report (NCOER)) he received from May 2002 through November 2006.  He was awarded the Soldier's Medal for heroism in May 2007 that characterizes his service as "above and beyond the call of duty."  He was awarded the Gold Recruiter Badge in March 2007 that illustrates his willingness to serve and the ability to succeed in occupational specialties other than his primary military occupational specialty (MOS).

	c.  He is requesting his RE code be changed to RE-1 on the basis that he has fulfilled every term of service during his military career and performed his duties in an exemplary manner.

3.  The applicant provides:

* NCOERS from May 2002 through January 2006
* DA Form 638 (Recommendation for Award) showing he was awarded the Soldier's Medal for his actions on 9 November 2006
* Memorandum awarding him the Gold Recruiter Badge
* DD Form 214

CONSIDERATION OF EVIDENCE:

1.  Title 10, U.S. Code, section 1552(b), provides that applications for correction of military records must be filed within 3 years after discovery of the alleged error or injustice.  This provision of law also allows the Army Board for Correction of Military Records (ABCMR) to excuse an applicant's failure to timely file within the 3-year statute of limitations if the ABCMR determines it would be in the interest of justice to do so.  While it appears the applicant did not file within the time frame provided in the statute of limitations, the ABCMR has elected to conduct a substantive review of this case and, only to the extent relief, if any, is granted, has determined it is in the interest of justice to excuse the applicant's failure to timely file.  In all other respects, there are insufficient bases to waive the statute of limitations for timely filing.

2.  The applicant enlisted in the Regular Army (RA) on 21 January 1999 and he held MOS 11C (Indirect Fire Infantryman).  He served in Iraq and Afghanistan.

3.  His Enlisted Record Brief, dated 23 October 2006, shows in Section II (Service Data) "Reenl Elig/Prohib 9K" indicating he was not eligible to reenlist due to a field bar to reenlistment.

4.  He was honorably discharged on 8 November 2007.  He completed 8 years,
9 months, and 18 days of creditable active service.

5.  There is no record of a local bar to reenlistment in his available records.

6.  His DD Form 214 shows he was discharged under the provisions of Army Regulation 635-200 (Personnel Separations – Active Duty Enlisted Administrative Separations), chapter 4) by reason of completion of required active service.  Item 26 (Separation Code) shows the entry "KBK" and item 27 (RE Code) shows the entry "3."

7.  In support of his request he provides copies of his NCOERs, his Soldier's Medal award recommendation and approval, and his Gold Recruiter Badge award memorandum, all of which show he was an outstanding Soldier.

8.  Army Regulation 601-210 (Regular Army and Army Reserve Enlistment Program) covers eligibility criteria, policies, and procedures for enlistment and processing into the RA and the U.S. Army Reserve.  Table 3-1 includes a list of the RA RE codes.  A code of "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.  A code of "3" applies to Soldiers who are not considered fully qualified for reentry or continuous service at the time of separation, but the disqualification is waivable.  However, those individuals are ineligible unless a waiver is granted.

9.  Army Regulation 635-5-1 (Separation Program Designator (SPD) Codes) states that the SPD codes are three-character alphabetic combinations that identify reasons for, and types of, separation from active duty.  The SPD code of "KBK" is the correct code for RA Soldiers voluntarily discharged after completion of required active service under the provisions of Army Regulation 635-200, chapter 4.

10.  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 in effect at the time of his discharge shows the SPD code of "KBK" has a corresponding RE code of either "1" or "3."  Rule 1 on the table states "Enter RE Code 3 (disregarding RE code 1 on the table) when Soldier's record indicates (for current enlistment period) that the Soldier:  (a)  Is ineligible for or otherwise denied immediate reenlistment; (b)  Had Declination of Continued Service Statement, etc."

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record confirms the applicant was honorably discharged on
8 November 2007, by reason of completion of required active service.  He was assigned an SPD code of "KBK" and an RE code of "3."

2.  His ERB shows he was not eligible to reenlist due to a field bar to reenlistment.  He also states he believes the RE code entry on his DD Form 214 

is the result of his denial to reenlist.  In the absence of evidence to the contrary, it must be presumed that he received the appropriate RE code.

3.  The ABCMR does not correct records solely for the purpose of establishing eligibility for programs or benefits.  The applicant is advised that although no change is being recommended to change his RE code, this does not mean that he is permanently disqualified from reentering military service.

4.  The applicant is advised that RE-3 applies to persons who are not considered fully qualified for reentry or continuous service; however, it does allow for a waiver of disqualification.  Therefore, if he desires to reenter military service, he should contact a local recruiter who can best advise him on his eligibility for returning to military service.  Those individuals can best advise a former service member as to the needs of the service at the time and may process RE code waivers.

5.  In view of the foregoing, there is an insufficient evidentiary basis for granting the applicant's 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 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)                                         AR20120006803



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ABCMR Record of Proceedings (cont)                                         AR20130006548



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