IN THE CASE OF:
BOARD DATE: 1 April 2014
DOCKET NUMBER: AR20130011690
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 that based on the fact he was discharged with a KBK (Completion of Required Active Service) separation program designator (SPD) code at the expiration of his term of service and his service was honorable, he should not have received an RE code of "3." He states he should have received RE code 1.
3. The applicant provides a copy of his DD Form 214 (Certificate of Release or Discharge from Active Duty).
CONSIDERATION OF EVIDENCE:
1. The applicant enlisted in the Regular Army (RA) for 4 years on 25 August 2004. He completed training as a signals collector/analyst. He reenlisted in the RA on 21 June 2007. He reenlisted in the RA again on 2 February 2011.
2. On 21 May 2011, the applicant signed a DA Form 4991-R (Declination of Continued Service Statement (DCSS)) acknowledging he had been counseled by a counselor concerning action required by him to satisfy a length-of-service requirement incident to an operational commitment, and regarding his refusal to extend his enlistment or reenlist to comply with the commitment. He acknowledged that he understood the effects his refusal would have on his Army career and on any future decision he might make concerning reenlistment or enlistment after separation.
3. On 1 February 2013, the applicant was honorably discharged at the completion of his required active service.
4. Item 26 (Separation Code) on his DD Form 214 shows he was assigned an SPD of "KBK." Item 27 (Reentry Code) shows he received RE code "3."
5. Army Regulation 601-210 (Active and Reserve Components Enlistment Program) states 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 prescribes basic eligibility for prior-service applicants for enlistment and includes a list of Armed Forces RE codes. An RE-3 applies to persons who have a waivable disqualification.
6. Army Regulation 635-5-1 (SPD Codes) prescribes the specific authorities (regulatory, statutory, or other directives) and reasons for the separation of members from active military service and the SPD code to be used for these stated reasons.
7. The SPD/RE Code Cross Reference Table provides instructions for determining the RE code for RA Soldiers and Reserve Component Soldiers separated for cause. It states enter RE code 3 when the Soldier's record indicates (for the current enlistment period) he/she has a DCSS.
DISCUSSION AND CONCLUSIONS:
1. The applicant's contentions have been noted.
2. There is no error or injustice in the RE code he received. His records show that he signed a DCSS on 21 May 2011. He was assigned an SPD code of "KBK" which coincides with his reason for discharge.
3. Although the applicant believes he should have received an RE code of "1" based on his SPD code, he was assigned an RE code "3" which coincides with the SPD/RE Code Cross Reference Table.
4. An RE code of "3" applies to persons who are not considered fully qualified for reentry or continuous service; however, it does allow for a waiver of the disqualification. Therefore, if he desires to reenlist, he should contact
his local recruiter to determine his eligibility. Recruiting personnel can best advise a former service member as to the needs of the Army at the time and are required to process waivers of RE codes.
5. In view of the foregoing, his request should be denied.
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) AR20130011690
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ABCMR Record of Proceedings (cont) AR20130011690
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