BOARD DATE: 6 March 2014
DOCKET NUMBER: AR20130011540
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 the reentry eligibility (RE) code on his
DD Form 214 (Certificate of Release or Discharge from Active Duty) from RE "3" to an RE code that will allow him to reenter military service.
2. The applicant states he completed his initial enlistment commitment in the Regular Army (RA) and he was honorably discharged. He received an RE code of "3," but the code was not explained to him. He adds that he is in the process of attempting to reenter the U.S. Army Reserve (USAR).
3. The applicant provides a copy of his DD Form 214.
CONSIDERATION OF EVIDENCE:
1. The applicant enlisted in the RA on 8 May 1992 for a period of 2 years and
27 weeks. He was promoted to specialist (E-4) on 1 November 1993 and reenlisted in the RA on 23 May 1994 for a period of 3 years.
2. The applicant's DD Form 214 shows he was honorably released from active duty (REFRAD) on 22 May 1997 under the provisions of Army Regulation
635-200 (Personnel Separations - Enlisted Personnel), chapter 4, based on completion of required active service. He had completed 5 years and 15 days of net active service this period. It also shows in:
* item 26 (Separation Code): "MBK"
* item 27 (Reentry Code): "3"
3. A DD Form 4 Enlistment/Reenlistment Document - Armed Forces of the United States) shows the applicant enlisted in the USAR in grade E-4 on
4 September 2013 for a period of 3 years.
4. Army Regulation 635-5-1 (Separation Program Designator (SPD) 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.
a. It shows that the SPD code "MBK" is the appropriate code to assign to Soldiers separated under the provisions of Army Regulation 635-200, chapter 4, based on expiration term of service (ETS).
b. The SPD/RE Code Cross Reference Table in effect at the time stipulated that an RE code of "1" would be assigned to members separated with an SPD code of "MBK."
5. Army Regulation 601-210 (Active and Reserve Components Enlistment Program), in effect at the time, covers eligibility criteria, policies, and procedures for enlistment and processing into the RA and the USAR. Chapter 3 (Basic Qualifications for Enlistment in the RA and USAR, Prior Service Applicants) shows:
a. RE-1 applies to Soldiers completing their term of active service who are considered qualified to reenter the U.S. Army; eligibility: qualified for enlistment if all other criteria are met; and
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; eligibility: ineligible unless a waiver is granted.
DISCUSSION AND CONCLUSIONS:
1. Records show the applicant was honorably REFRAD on 22 May 1997 based on completion of required active service.
2. At the time the applicant was REFRAD, RE code "1" applied to Soldiers completing their term of active service who were considered qualified to reenter the U.S. Army (i.e., qualified for enlistment if all other criteria are met).
3. RE code "3" establishing the applicant's ineligibility for enlistment/reenlistment was incorrectly entered on his DD Form 214.
4. Therefore, it would be appropriate at this time to correct the RE code shown on the applicant's DD Form 214.
BOARD VOTE:
___X__ ____X____ ___X_____ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
The Board determined that 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 deleting the entry from item 27 of his DD Form 214 and adding the entry "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) AR20130011540
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ABCMR Record of Proceedings (cont) AR20130011540
2
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ARMY | BCMR | CY2010 | 20100027610
The applicant states he completed his 3-year service obligation and he was honorably discharged with a separation program designator (SPD) code of MBK and he does not know why he received an RE-3 code. Only when there is evidence to support an incorrect RE code or when there is an administrative error will an applicant be advised to request a correction; b. an RE-1 applies to Soldiers completing their term of active service who are considered qualified to reenter the U.S. Army. Without...
ARMY | BCMR | CY2013 | 20130011234
The applicant requests correction of Item 27 (Reentry (RE) Code) of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show "1" instead of "3." Only when there is evidence to support an incorrect RE code or when there is an administrative error will an applicant be advised to request a correction; b. an RE-1 applies to Soldiers completing their term of active service who are considered qualified to reenter the U.S. Army. They are fully qualified for enlistment if all...
ARMY | BCMR | CY2012 | 20120002208
The SPD code of "LBK" is the correct code for RA Soldiers REFRAD for completion of required active service under the provisions of chapter 4, Army Regulation 635-200 who sign a Declination of Continued Service Statement (DCSS) or are ineligible for, barred from, or otherwise denied reenlistment at the completion of their enlistment. The SPD code of "MBK" is the correct code for Soldiers REFRAD for completion of required active service under the provisions of chapter 4, Army Regulation...
ARMY | BCMR | CY2009 | 20090011617
The applicant requests, in effect, correction of item 27 (Reentry Code) of his DD Form 214 (Certificate of Release or Discharge from Active Duty) from RE-3 to RE-1 so he may reenter military service. The applicant's records show he enlisted in the Regular Army (RA) for a period of 4 years on 8 August 1996. The DD Form 214 he was issued shows he was released from active duty under the provisions of chapter 4 of Army Regulation 635-200 (Personnel Separations - Enlisted Personnel) by reason...
ARMY | BCMR | CY2014 | 20140002486
Application for correction of military records (with supporting documents provided, if any). Army Regulation 635-5-1 (Separation Program Designator (SPD) Codes) prescribes the specific authorities (statutory or other directives), reasons for separating Soldiers from active duty, and the SPD codes to be entered on the DD Form 214. Army Regulation 635-5 (Separation Documents), in effect at the time, prescribed the separation documents prepared for Soldiers upon retirement, discharge, or...
ARMY | BCMR | CY2013 | 20130018452
ARMY | BCMR | CY2013 | 20130020962
The SPD code of "LBK" is the correct code for RA Soldiers REFRAD for completion of required active service under the provisions of chapter 4, Army Regulation 635-200 who sign a DCSS or are ineligible for, barred from, or otherwise denied reenlistment at the completion of their enlistment. The SPD code of "MBK" is the correct code for Soldiers REFRAD for completion of required active service under the provisions of chapter 4, Army Regulation 635-200 when eligible to reenlist and are...
ARMY | BCMR | CY2011 | 20110019192
The SPD code of "MBK" is the correct code for Soldiers REFRAD for completion of required active service under the provisions of chapter 4, Army Regulation 635-200, when eligible to reenlist and are transferred to the Reserve Component to complete their military service obligation. This SPD code is also used for Army National Guard of the United States (ARNGUS) or USAR Soldiers who are REFRAD on completion of required active service or period for which ordered to active duty. Having been...
ARMY | BCMR | CY2012 | 20120006803
The DD Form 214 he was issued at the time shows he was REFRAD 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. The SPD code of "LBK" is the correct code for RA Soldiers REFRAD for completion of required active service under the provisions of Army Regulation 635-200, chapter 4 who sign a Declination of Continued Service Statement (DCCS) or are ineligible...
ARMY | BCMR | CY2014 | 20140016964
His DD Form 214 shows he was REFRAD 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. The SPD code of "LBK" is the correct code for RA Soldiers involuntarily REFRAD for completion of required active service under the provisions of Army Regulation 635-200, chapter 4 who sign a Declination of Continued Service Statement or are ineligible for, barred from, or...