IN THE CASE OF:	   

		BOARD DATE:	  14 August 2014

		DOCKET NUMBER:  AR20130020831 


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 reconsideration of the denial of correction to her reenlistment eligibility (RE) code from RE-3 to RE-1.

2.  The applicant states she was in a promotable status as documented by the 27 February 2013 Promotion Board Proceedings memorandum provided.  She does not understand why she has to again prove her promotion points and promotion status and why the people who are supposed to keep the records are not doing their job properly.

3.  The applicant provides page 3 of the Army Board for Correction of Military Records (ABCMR) in Docket Number AR20130015080 and a 27 February 2013 Promotion Board Proceedings memorandum.

CONSIDERATION OF EVIDENCE:

1.  Incorporated herein by reference are military records which were summarized in the previous consideration of the applicant's case by the ABCMR in Docket Number AR20130015080, on 15 October 2013.

2.  The applicant provides new evidence that warrants reconsideration.

3.  The applicant, with prior service, enlisted in the Regular Army (RA) on 28 May 2002.  She reenlisted on 27 July 2004 and again on 8 May 2008 establishing a new expiration term of service (ETS) date of 7 May 2013.

4.  The 27 February 2013 1st Cavalry Division Promotion Board Proceedings Memorandum, submitted by the applicant with this request for reconsideration, lists Soldiers recommended for promotion by the Headquarters and Headquarters Battalion Enlisted Promotion Board.  The list includes the applicant's name as being recommended for promotion to staff sergeant (SSG).

5.  On 7 May 2013, the applicant was honorably discharged in the rank/grade of sergeant (SGT) E-5 under Army Regulation 635-200, chapter 4 due to completion of her required period of active service.  She had completed 16 years, 7 months, and 7 days  of active duty service.  She was assigned a Separation Program Designator (SPD) of JBK and an RE-3.

6.  The prior decisional document denied the requested correction stating –

"There was no indication she had a promotable status, i.e., integration on a promotion standing list to staff sergeant/E-6."  

"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."

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 provides that a Soldier being separated due to the completion of their required service the Soldier will be assigned one of the following SPD's –

* JBK – for an involuntary discharge under Army Regulation 635–200, chapter 4 (Note 7)
* KBK – for a voluntary discharge under Army Regulation 635–200, chapter 4 (Note 1)
* Note 1 – To be used for RA Soldiers eligible to reenlist or with a DCSS in force who are discharged on completion of enlistment
* Note 7 – Except for those with a DCSS in force, to be used for RA Soldiers ineligible for, barred from, or otherwise denied reenlistment who are separated on completion of enlistment

8.  The applicant's official record does not include a Declination of Continued Service Statement (DCSS) or a copy of the 27 February 2013 1st Cavalry Division Promotion Board Proceedings Memorandum.
9.  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 
* KBK has a corresponding RE code of 1 or 3

10.  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 and includes a list of Regular Army RE codes.  It states that:

   a.  RE-1 applies to a person completing their term of active service who is considered qualified to reenter the U.S. Army and is qualified for enlistment if all other criteria are met.

   b.  RE code 3 applies to person who is not considered fully qualified for reentry or continuous service at time of separation, but the disqualification is waivable.  They are ineligible for enlistment unless a waiver is granted. 

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.  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 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 RA and had 16 years, 7 months, and 7 days of total active service.

2.  Without the inclusion of the 1st Cavalry Division Promotion Board Proceedings memorandum, provided by the applicant, the prior decisional document correctly stated that the applicant was not shown be in a promotable status and therefore her SPD and RE code were proper. 

3.  With the inclusion of the 1st Cavalry Division Promotion Board Proceedings memorandum, the applicant is shown to have been in a promotable status and as such she would meet the requirements for an SPD of KBK and an RE code of "1."

4.  Based on the new evidence provided it is appropriate to grant the applicant a correction of her DD Form 214 to show her SPD code as KBK and her RE code as "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 amendment of the ABCMR’s decision in Docket Number AR20130015080, dated 15 October 2013.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by amending her DD Form 214 for the period ending 7 May 2013 to show an SPD of KBK and an RE code of 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)                                         AR20130020831



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ABCMR Record of Proceedings (cont)                                         AR20130020831



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