IN THE CASE OF:	 

		BOARD DATE:	  15 October 2013

		DOCKET NUMBER:  AR20130015080 


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 the reentry (RE) code "3" she received when she was discharged in 2013 to RE code "1."  

2.  The applicant states a recruiter informed her that the RE code was incorrect due to her separation from active duty and completion of required active service.  She feels this is a typographical error.

3.  The applicant provides:

* a self-authored statement
* DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period ending 7 May 2013
* Orders 114-0131

CONSIDERATION OF EVIDENCE:

1.  On 28 May 2002, with prior service, the applicant enlisted in the Regular Army.  On 27 July 2004, she reenlisted for a period of 6 years.  On 8 May 2008, she reenlisted for a period of 5 years.  This established a new expiration term of service (ETS) date of 7 May 2013.

2.  On 24 April 2013, Headquarters, III Corps, issued Orders 114-0131 ordering her to report to the U.S. Army Transition Point for transition processing from the Regular Army.

3.  On 30 April 2013, Headquarters, III Corps, issued Orders 120-0214 amending Orders 114-0131 pertaining to the discharge of the applicant to show that she would be assigned to the 4th Platoon, 369th Chemical Company, 2000 N New Road, Waco, TX, 76707-1099.

4.  The DD Form 214 issued when she was discharged on 7 May 2013 shows in:

* Item 4a (Grade, Rate or Rank) -Sergeant (SGT)
* Item 4b (Pay Grade) - E05/E-5
* item 9 (Command to Which Transferred) – "4 PLT 369 CM CO (DEC), (VLPA4) 2000 N NEW ROAD, WACO, TX 76707-1099"
* Item 12c (Net Active Service This Period) the entry "0010  11  10" indicating 10 years, 11 months, and 10 days
* Item 12d (Total Prior Active Service) the entry "0005  07  26" indicating 
      5 years, 7 months, and 26 days
* item 25 (Separation Authority) – "[Army Regulation] 635-200, Chapter 4"
* item 26 (Separation Code) – "JBK"
* item 27 (RE Code) – "3"
* item 28 (Narrative Reason for Separation) – "Completion of Required Active Service"

5.  There is no evidence of record that shows the applicant was on a valid promotion standing list at the time of her separation.

6.  Army Regulation 635-200 (Personnel Separations – Enlisted Personnel), 
Chapter 4, states a Soldier will be separated upon expiration of enlistment or fulfillment of service obligation.

7.  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.  It states that when a Soldier is released from active duty due to the completion of his/her required service the Soldier will be assigned a "JBK" separation code.

8.  The SPD/RE Code Cross-Reference Table provides instructions for determining the RE code for active Army Soldiers and Reserve Component Soldiers.  The SPD code of "JBK" has a corresponding RE code of "3."

9.  Pertinent Army regulations provide 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.  Army Regulation 601-210 (Active and Reserve Components Enlistment Program) covers eligibility criteria, policies and procedures for enlistment and processing into the Regular Army and the U.S. Army Reserve.  Chapter 3 of that regulation prescribes basic eligibility for prior service applicants for enlistment.  That chapter includes a list of armed forces RE codes, including Regular Army RE codes.

10.  RE code 3 applies to persons not qualified for continued Army service, but the disqualification is waivable. 

11.  Army Regulation 601-280 (Total Army Retention Program) prescribes the criteria for the Army Retention Program.  For those Soldiers serving in the RA, it outlines procedures for immediate reenlistment or extension of enlistment.  For Soldiers separating from the RA, it prescribes eligibility criteria and options for enlistment or transfer into the Reserve Component (USAR and Army National Guard).  Chapter 3 (Qualification for immediate Reenlistment), paragraph 3-8g (Rank) states a Soldier may not exceed the retention control points (RCP) as shown in Table 3-1 by more than 29 days before expiration of contracted service (reenlistment or extension).  Table 3-1 shows:

RANK - TOTAL ACTIVE SERVICE IN YEARS
SGT -15 Years
SGT (Promotable) - 20 Years

DISCUSSION AND CONCLUSIONS:

1.  The applicant's request for a change of her RE code was carefully considered. 

2.  The governing Army regulation shows the RCP for SGT is 15 years and SGT promotable 20 years.  She was serving in the rank of SGT at the time of her separation from the Regular Army and had 16 years, 7 months, and 7 days of total active service.  There was no indication she had a promotable status, i.e. integration on a promotion standing list to staff sergeant/E-6.  

3.  As such, the applicant was not fully qualified for reenlistment due to having reached her maximum RCP for her grade; accordingly, she was properly issued an RE code of RE-3 in accordance with the applicable regulations.

4.  As previously indicated, RE-3 applies to persons who are not considered fully qualified for reentry or continuous service at time of separation; however, the disqualification is waivable and this does not mean that she has been completely denied the opportunity to reenlist.  Recruiting personnel have the responsibility for initially determining whether an individual meets current enlistment criteria. Therefore, since enlistment criteria do change, and since she has the right to apply for a waiver, it is suggested that she periodically visit her local recruiting station to determine if she should apply for a waiver.
5.  Additionally, his DD Form 214 appropriately reflects her narrative reason for separation as “completion of required active service”.  Consequently the separation code "JBK" coincides with her reason for separation and is correct as currently reflected.  

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)                                         AR20130015080



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ABCMR Record of Proceedings (cont)                                         AR20130015080



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