BOARD DATE:	  5 August 2014

		DOCKET NUMBER:  AR20130018452 


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 Code) of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show he is immediately eligible to reenter military service.

2.  The applicant states he wishes to reenter military service.  Item 27 of his DD Form 214 shows his reentry eligibility (RE) code as "3."  There is no reason for this.  He had no negative action taken against him in the military, not even a negative counseling statement.  He extended his original 4-year service agreement to 5 years so he could deploy with his unit.  He has no medical issues or claims with the Department of Veterans Affairs.  He has done everything the Army asked of him and more.  He is interested in entering the Reserve Officers' Training Corps Program to continue his service.

3.  The applicant provides his DD Form 214.

CONSIDERATION OF EVIDENCE:

1.  The applicant's records show he enlisted in the Regular Army (RA) for a period of 4 years on 9 January 2008.  He completed basic combat and advanced individual training and was awarded military occupational specialty 68W (Health Care Specialist).

2.  The applicant was assigned to Headquarters and Headquarters Troop, 1st Squadron, 40th Cavalry, 4th Brigade Combat Team (BCT) (Airborne), 25th Infantry Division.  
3.  A DA Form 3340-R (Request for Reenlistment or Extension in the Regular Army), dated 15 April 2011, shows the applicant's commander certified the applicant was fully qualified for an extension and that he approved the request for extension.

4.  A DA Form 1695 (Oath of Extension of Enlistment), dated 15 April 2011, shows the applicant extended his enlistment in the RA by 15 months, thereby changing his expiration of term of service (ETS) date to 8 April 2013.  His extension was based on contingency deployment conditions with incentives.

5.  In December 2011, the 4th BCT (Airborne), 25th Infantry Division deployed to Afghanistan.  The 4th BCT (Airborne), 25th Infantry Division redeployed to Fort Richardson, AK, in October 2012.

6.  The applicant was honorably released from active duty (REFRAD) on 8 April 2013.  The highest rank/grade he attained during this period of military service was sergeant/E-5.  His DD Form 214 shows he was REFRAD under the provisions of chapter 4 of Army Regulation 635-200 (Active Duty Enlisted Administrative Separations) by reason of completion of required active service.  He was transferred to the U.S. Army Reserve (USAR) Control Group (Reinforcement) to complete his remaining Reserve obligation.  He completed 5 years and 3 months of creditable active military service during this period.  Item 26 (Separation Code) of his DD Form 214 shows his separation program designator (SPD) code as "MBK" and item 27 shows his RE code as "3."

7.  The applicant's Enlisted Record Brief (ERB) shows he was assigned immediate reenlistment prohibition (IMREPR) code 11.

8.  Army Regulation 635-200 sets forth the basic authority for the separation of enlisted personnel and states that individuals will be assigned RE codes based on their service records or the reason for discharge prior to discharge or release from active duty.

9.  Army Regulation 601-210 (Active and Reserve Components Enlistment Program) prescribes eligibility criteria governing the enlistment of persons with or without prior service into the Regular Army, USAR, and Army National Guard.  Table 3-1 provides a list of U.S. Army RE codes.  RE code "1" applies to Soldiers completing their terms of active service who are considered qualified to reenter the U.S. Army.  They are qualified for enlistment if all other criteria are met.  RE code "3" applies to Soldiers who are not considered fully qualified for reentry or 
continuous service at the time of separation, but disqualification is waivable.  They are ineligible for enlistment unless a waiver is granted.

10.  Army Regulation 635-5-1 (Separation Program Designator Codes) states that SPD codes are three-character alphabetic combinations which identify reasons for and types of separation from active duty.  SPD code "MBK" is the correct code for Soldiers REFRAD for completion of required active service under the provisions of chapter 4 of Army Regulation 635-200.  SPD code "MBK" is assigned to Soldiers who are eligible to reenlist or with a declination of continued service statement (DCSS) in force who are REFRAD on completion of enlistment and transferred to the Reserve Components to complete their military service obligation.

11.  The SPD/RE Code Cross Reference Table provides instructions for determining the RE code for Active Army and Reserve Component Soldiers.  The 
cross reference table in effect at the time of the applicant's separation shows SPD code "MBK" has a corresponding RE code of "1" or "3."  The SPD/RE Code Cross Reference Table further states that RE code "3" is assigned to Soldiers who:

* are ineligible for or otherwise denied immediate reenlistment
* have a DCSS
* have grade and service criteria in Army Regulation 601-210, 
paragraph 3-10
* have time lost due to being absent without leave or confinement
* have an immediate reenlistment prohibition code of "9T"
* have elected to receive retired pay at age 60 in lieu of disability severance pay (Enlisted Reserve Component only)

12.  MILPER Message Number 09-279, issued 19 November 2009, shows in March 2009, active Army units deploying in support of a declared contingency operation on or after 1 January 2010 would not be subject to stop loss.  Soldiers assigned to those units with an expiration of term of service (ETS) during the scheduled deployment, who elected not to reenlist, were offered an incentive to extend to complete the deployment.  

13.  Paragraph 4c of this message states Soldiers subject to involuntary separation who were assigned to units whose latest arrival date (LAD) was between 7 and 9 months from the release date of this message would have their IMREPR code changed to "11."  This code was not intended to prohibit reenlistment or extension, rather identify those Soldiers who were candidates for deployment extension incentive pay (DEIP) and/or possible involuntary separation.  Subsequent ETS date and IMREPR code adjustments would be subject to the provisions outlined in paragraph 5b below. 

14.  Paragraph 5a states that at LAD - 9 months, HRC would identify all enlisted Soldiers assigned to deploying units who have an ETS during their scheduled deployment.  HRC would change these Soldiers' IMREPR codes to "11."
   
15.  Paragraph 5b states at LAD - 6 months, HRC would identify all enlisted Soldiers who did not extend for the DEIP and meet the requirements.  HRC would adjust these Soldiers' ETS dates to three months earlier and change their IMREPR codes to "9T."  

16.  Paragraph 5c states Soldiers assigned to units identified for deployment with less than six months notification prior to LAD, would have their ETS dates 
adjusted and receive the IMREPR code of "9T" by HRC 30 days from deployment notification.  In all cases, Soldiers would be notified 90 days prior to their adjusted ETS.  If this were not possible, Soldiers would separate on their contractual ETS date. 

DISCUSSION AND CONCLUSIONS:

1.  The applicant’s request to change his RE code "3" to RE code "1" on his DD Form 214 was carefully considered and it was determined there is sufficient evidence to support his request.

2.  The applicant was REFRAD on 11 February 2005.  The SPD of MBK is the correct designation for Soldiers REFRAD and transferred to the USAR.  The MBK can generate either an RE-1 or an RE-3 code depending on other factors.

3.  There appears to be a error in the RE code the applicant was assigned.  His ERB shows he was assigned IMREPR code 11.  IMREPR code "11" is used to identify those Soldiers who were candidates for DEIP and/or possible involuntary separation.  

4.  Evidence of record shows on 15 April 2011, the applicant extended his enlistment by 15 months for the DEIP, changing his ETS date to 8 April 2013.  In December 2011, the applicant deployed with the 4th BCT (Airborne), 25th Infantry Division to Afghanistan.  It appears he was initially assigned IMREPR code 11 prior to his DEIP extension for deployment to Afghanistan.  

5.  There is no evidence the applicant was assigned the IMREPR code "9T" by HRC for involuntary separation.  HRC should have removed the IMREPR code 
11 from the applicant's ERB after his extension.  Therefore, his ERB erroneously shows the IMREPR code 11, which appears to have been the reason he was assigned RE-3.  

6.  His DD Form 214 erroneously shows in item 27 "RE-3."  The applicant's 
DD Form 214 is incorrect and should be corrected to show RE-1.

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 in item 27 of his DD Form 214 and adding "RE-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)                                         AR20130018452



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ABCMR Record of Proceedings (cont)                                         AR20130018452



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