BOARD DATE: 28 August 2014
DOCKET NUMBER: AR20140001746
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 change of his reentry eligibility (RE) code of "3."
2. The applicant states he would like to join another branch of service as an active duty member, but cannot with the RE-3 code.
3. The applicant provides a copy of his DD Form 214 (Certificate of Release or Discharge from Active Duty).
CONSIDERATION OF EVIDENCE:
1. Following prior active duty service, the applicant enlisted in the Regular Army (RA) on 23 June 2005 and he held MOS 13F (Fire Support Specialist).
2. He served in Iraq, Afghanistan, and Kuwait.
3. His Enlisted Record Brief (ERB), dated 1 September 2012, shows in Section III (Service Data) "Reenl Elig/Prohib 9Q" indicating he was not eligible to reenlist due to a Declination of Continued Service Statement (he had refused to take action to meet length of service requirements).
4. He was honorably discharged on 16 December 2012 as a sergeant/E-5. He had completed 7 years, 5 months, and 24 days of creditable active duty service during the period covered by the DD Form 214.
5. His DD Form 214 shows he was discharged under the provisions of Army Regulation 635-200 (Personnel Separations Active Duty Enlisted Administrative Separations), chapter 4) by reason of completion of required active service. Item 26 (Separation Code) shows the entry "KBK" and item
27 (RE Code) shows the entry "3."
6. Army Regulation 601-210 (Regular Army and Army Reserve Enlistment Program) covers eligibility criteria, policies, and procedures for enlistment and processing into the RA and the U.S. Army Reserve. Table 3-1 includes a list of the RA RE codes. A code of "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. A code of "3" applies to Soldiers who are not considered fully qualified for reentry or continuous service at the time of separation, but the disqualification is waivable. However, those individuals are ineligible unless a waiver is granted.
7. Army Regulation 635-5-1 (Separation Program Designator (SPD) Codes) states the SPD codes are three-character alphabetic combinations that identify reasons for, and types of, separation from active duty. SPD code "KBK" is the correct code for RA Soldiers voluntarily discharged after completion of required active service under the provisions of Army Regulation 635-200, chapter 4.
8. The SPD/RE Code Cross Reference Table provides instructions for determining the RE code for Active Army Soldiers and Reserve Component Soldiers. This cross reference table in effect at the time of his discharge shows the SPD code of "KBK" has a corresponding RE code of either "1" or "3." Rule
1 on the table states "Enter RE Code 3 (disregarding RE code 1 on the table) when Soldier's record indicates (for current enlistment period) that the Soldier: (a) Is ineligible for or otherwise denied immediate reenlistment; (b) Had Declination of Continued Service Statement, etc."
DISCUSSION AND CONCLUSIONS:
1. The applicant was honorably discharged on 16 December 2012, by reason of completion of required active service. He was assigned an RE code of "3."
2. His ERB shows he was not eligible to reenlist due to a Declination of Continued Service Statement. In the absence of evidence to the contrary, it must be presumed that he received the appropriate RE code.
3. The RE-code of "3", establishing his ineligibility for enlistment/ reenlistment without waiver, was correctly entered on his separation document in accordance with governing regulations.
4. The ABCMR does not correct records solely for the purpose of establishing eligibility for programs or benefits. The applicant is advised that although no change is being recommended to change his RE code, this does not mean that he is permanently disqualified (at least from the Army) from reentering military service.
5. In view of the foregoing, there is an insufficient evidentiary basis for granting the applicant's 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) AR20120006803
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ABCMR Record of Proceedings (cont) AR20140001746
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