IN THE CASE OF:
BOARD DATE: 3 December 2013
DOCKET NUMBER: AR20130006998
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 correction of his reentry eligibility (RE) code to read "1."
2. The applicant states he received an honorable discharge without a blemish on his record. He believes the RE code 3 he received is not relevant to his situation.
3. The applicant provides a copy of his DD Form 214 (Certificate of Release or Discharge from Active Duty).
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 28 August 1990, completed training, and was awarded the military occupational specialty 52D (Power Generator Equipment Repair).
3. The applicant extended his active duty enlistment twice to meet duty assignment requirements.
4. On 21 March 1996, he signed an enlistment agreement to enter the Pennsylvania Army National Guard (ARNG) upon release from active duty.
5. On 27 April 1996, he was honorably released from active duty in accordance with Army Regulation 635-200 (Personnel Separations Enlisted Personnel), chapter 4. His DD Form 214 shows he was assigned the separation program designator (SPD) code of MBK and an RE code of 3.
6. Army Regulation 635-5-1 (Separation Program Designator Codes) provides the specific authorities (regulatory or directive), reasons for separating Soldiers from active duty, and the SPD codes to be entered on the DD Form 214. It provides that an SPD of MBK is to be used for Regular Army Soldiers who are eligible to reenlist and are released from active duty upon completion of enlistment and transferred to a Reserve Component to complete their military service obligations.
7. Army Regulation 601-210 (Active and Reserve Components Enlistment Program) governs eligibility criteria, policies, and procedures for enlistment and processing of persons into the Regular Army, U.S. Army Reserve, and Army National Guard. It provides the following:
a. RE code 1 applies to Soldiers completing their terms of active service who are considered qualified to reenter the U.S. Army. They are fully qualified for enlistment if all other criteria are met.
b. RE code 3 applies to Soldiers who are considered not fully qualified for reentry or continuous service at the time of separation, but the disqualification is waivable.
c. The SPD/RE Code Cross-Reference Table indicates an SPD of MBK carries either an RE code of 1 or 3. The RE code 3 is assigned when there is a declination of continued service.
DISCUSSION AND CONCLUSIONS:
1. There is no indication the applicant signed a declination of continued service. The applicant was fully qualified for reentry or continuous service at the time of his separation. In fact, he did continue in an active military status by enlisting in the Army National Guard.
2. Therefore, it would be appropriate to correct his DD Form 214 to show he was assigned RE code 1 in connection with his release from active duty.
BOARD VOTE:
____X____ ___X_____ __X______ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
The Board determined the evidence presented was sufficient to warrant a recommendation for relief. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by amending his DD Form 214 to show his RE code as 1.
____________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) AR20130006998
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ABCMR Record of Proceedings (cont) AR20130006998
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