IN THE CASE OF:	  

		BOARD DATE:	  13 May 2014

		DOCKET NUMBER:  AR20130016423 


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 item 27 (Reentry (RE) Code) of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show his RE code as 1 vice 3. 

2.  The applicant states:

	a.  He was trying to enlist in the Air Force but was told he could not because his RE code was 3 and not 1.  He feels he was given the wrong RE code when he got out of the Regular Army (RA).  He spent 4 years in the Army and even extended his enlistment for 14 months to go on a deployment to Afghanistan.  He was awarded the Bronze Star Medal with "V" Device for his actions on the battlefield where he saved one of his fellow brother's life.  

	b.  His DD Form 214 says he was released from active duty for a reduction in force.  In the eyes of the Army it looks like he was forced out.  All he wants to do is serve his country again.  His records show he was a great Soldier and he could be an even better Airman.

3.  The applicant provides his DD Form 214, two orders, and page 1 of his DD Form 4 (Enlistment/Reenlistment Document - Armed Forces of the United States).



CONSIDERATION OF EVIDENCE:

1.  The applicant enlisted in the RA on 23 January 2008 for 3 years and 16 weeks.  He attained the rank/grade of specialist (SPC)/E-4 on 1 December 2010.  He was assigned to the 2nd Battalion, 35th Infantry Regiment, HI.  

2.  On 1 October 2010, he extended his enlistment for a period of 14 months in order to deploy to Afghanistan with his unit.  His new expiration of term of service (ETS) was 14 July 2012.  

3.  The applicant provides Orders 137-009, dated 16 May 2012, issued by the U.S. Army Garrison - HI, reassigning him to the U.S. Army Transitions Point, HI, with a report date of 31 May 2012 for release from active duty on 14 July 2012.  These orders do not show a reason for his separation.

4.  He was honorably released from active duty on 14 July 2012 in the rank of SPC and he was transferred to the U.S. Army Reserve.  

5.  The DD Form 214 he was issued shows the following entries:

* item 25 (Separation Authority) - Army Regulation (AR) 635-200 (Active Duty Enlisted Administrative Separations), paragraph 16-7
* item 26 (Separation Code) - LCC
* item 27 - 3
* item 28 (Narrative Reason for Separation) - Reduction in Force

6.  His record is void of any derogatory information or adverse action that would have disqualified him from reenlistment while he was serving on active duty.  

7.  On 7 April 2014, he enlisted in the RA and is currently serving on active duty.

8.  In 2012, the Department of the Army, G-1, established a process supporting AR 635-200, paragraph 16-7 to identify noncommissioned officers (NCO) for denial of continued service (involuntary separation) stemming from reduction in force, strength limitations, or budgetary constraints.  A subjective assessment of performance/conduct was made during NCO promotion boards for staff sergeants (SSG) and above.  Soldiers identified for involuntary separation with 20 years of active service could apply for voluntary retirement and Soldiers with 17 years and 9 months of active service would be retained to reach the 20 year retirement eligibility.  Soldiers separated by reason of reduction in force were to be assigned RE code 1. 

9.  Army Regulation 635-200 sets forth the basic authority for the separation of enlisted personnel.  Chapter 4 governs Soldiers who are fully eligible to reenlist and voluntarily separate upon their ETS.  

10.  Army Regulation 635-5-1 (Separation Program Designator (SPD) Codes) provides the specific authorities (regulatory or directive), reasons for separating Soldiers from active duty, the SPD codes to be entered on the DD Form 214 and the corresponding narrative reason for separation.  It states the SPD code of MBK is the appropriate code to assign to Soldiers voluntarily separated under the provisions of Army Regulation 635-200, chapter 4, with the RE code 1 and completion of required active service as the corresponding narrative reason for separation.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's DD Form 214 shows that on 14 July 2012 he was released from active duty under the provisions of AR 635-200, paragraph 16-7 by reason of reduction in force and assigned an RE code of 3.  However, the evidence of record confirms the applicant was released from active duty on his normal ETS and he did not fit the criteria for an involuntary separation due to a reduction in force.  In addition, the governing guidance stated Soldiers released under the provisions of AR 635-200, paragraph 16-7 would be assigned RE code 1. 

2.  It is obvious an error was made during the preparation of his DD Form 214 and it was completed with an incorrect separation authority, separation code, RE code, and narrative reason for separation.  Therefore, it would be appropriate to correct his DD Form 214 as shown below:

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 amending his DD Form 214 for the period ending 14 July 2012 as follows:

* deleting the entry in item 25 and replacing it with "Army Regulation
635-200, Chapter 4
* deleting the entry in item 26 and replacing it with "MBK"
* deleting the entry in item 27 and replacing it with the entry "1"
* deleting the entry in item 28 and replacing it with "Completion of Required Active Service"



      _______ _   __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)                                         AR20130016423





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ABCMR Record of Proceedings (cont)                                         AR20130016423



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