IN THE CASE OF: 

		BOARD DATE:	    22 April 2014

		DOCKET NUMBER:  AR20130014807 


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 DD Form 214 (Certificate of Release or Discharge from Active Duty) to upgrade his reentry eligibility (RE) code.

2.  He states he completed his enlistment contract; however, he was on orders before his expiration term of service (ETS) and was told that he had to sign a Declination of Continued Service Statement (DCSS).  He adds he was unaware that he was not required to sign this statement.  He adds that he was misinformed by his chain of command.

3.  He provides his DD Form 214.

CONSIDERATION OF EVIDENCE:

1.  The applicant enlisted in the Regular Army (RA) on 25 October 2005.  He served in Iraq from 12 September 2008 to 12 September 2009.  He was honorably transferred to the U.S. Army Reserve Control Group (Reinforcement) on 11 February 2012 and credited with completing 6 years, 3 months, and 
17 days of active duty service.

2.  His DD Form 214 shows in:

* Item 6 (Reserve Obligation) 11 August 2012
* Item 25 (Separation Authority) Army Regulation 635-200 (Active Duty Enlisted Administrative Separations), chapter 4
* Item 26 (Separation Code) "MBK"
* Item 27 (Reentry Code) "3"
* Item 28 (Narrative Reason for Separation) Completion of Required Active Service

3.  The DCSS is not available for review with this case; however, his Enlisted Record Brief (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 (SRR) for reassignment.  His ERB also shows a Suspension of Favorable Personnel Actions (Flag) was initiated on 
23 November 2011.  The ERB shows his ETS as 11 February 2012.

4.  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.

5.  Army Regulation 601-280 (Army Retention Program) prescribes criteria for the Army retention program.  

   a.  Paragraph 4-6 states that an SRR is a prerequisite for a Soldier to have a specified amount of remaining contractual service in order for an authorized action to be taken.  Examples include: continental United States (CONUS)/outside (OCONUS) deployment, service school/course attendance, selection for special duty assignment and semi-centralized promotion.
   
	b.  Within 30 days of notification of an SRR, Soldiers will be counseled and take one of the following actions:
* Elect a discharge for the purpose of immediate reenlistment
* Extend current enlistment 
* Elect a combination of reenlistment and extension if in the best interests of the Soldier and the Army
* Decline continued service

   c.  Paragraph 4-11 states that Soldiers, other than those in their initial term, having 4 or more years service for pay purposes at ETS, must take action to meet SRRs.  This action is required regardless of the SRR start or report date, to include those after the Soldier's current ETS.  Soldiers eligible, but refusing, to take action to satisfy military SRRs will be denied further service through the 
DA Form 4991-R (DCSS).  The DCSS will not be used for:

* Soldiers ineligible to obtain sufficient time through reenlistment or extension of enlistment 
* Soldiers with insufficient time and ineligible to take action to obtain sufficient time to complete an unaccompanied tour
* Soldiers within 90 days of ETS date on date of notification of assignment instructions
* CONUS based Soldiers having enough time to complete an unaccompanied tour, but not the longer accompanied tour

6.  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 MBK 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 and transferred to the Reserve components to complete military service obligation.

7.  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 MBK 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, in effect, that his RE code should be upgraded because he was not required to sign a DCSS.  Although a copy of the DCSS is not in his available record, by his own admission, he was on assignment instructions prior to his ETS.  Further, his ERB shows that a flag was initiated on 23 November 2011 and it is presumed that the flag was based on his refusal to extend or reenlist to satisfy military SRRs and his subsequent approved DCSS. 

2.  The evidence of record shows he continued to serve until his ETS on
11 February 2012.  Having signed a DCSS, he was assigned an SPD code of MBK.  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 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)                                         AR20130014807





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ABCMR Record of Proceedings (cont)                                         AR20130014807



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