IN THE CASE OF:
BOARD DATE: 9 October 2014
DOCKET NUMBER: AR20140003095
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 a change of the reentry eligibility (RE) code on his
DD Form 214 (Certificate of Release or Discharge from Active Duty) from "RE-3" to "RE-1."
2. The applicant acknowledges that he signed a Declination of Continued Service Statement (DCSS), declining to comply with orders for reassignment to another duty station. However, he adds that his service record is without any adverse or derogatory information.
3. The applicant provides a copy of his DD Form 214.
CONSIDERATION OF EVIDENCE:
1. Title 10, U.S. Code, section 1552(b), provides that applications for correction of military records must be filed within 3 years after discovery of the alleged error or injustice. This provision of law also allows the Army Board for Correction of Military Records (ABCMR) to excuse an applicant's failure to timely file within the 3-year statute of limitations if the ABCMR determines it would be in the interest of justice to do so. While it appears the applicant did not file within the time frame provided in the statute of limitations, the ABCMR has elected to conduct a substantive review of this case and, only to the extent relief, if any, is granted, has determined it is in the interest of justice to excuse the applicant's failure to timely file. In all other respects, there are insufficient bases to waive the statute of limitations for timely filing.
2. The applicant enlisted in the U.S. Army Reserve (USAR) on 28 June 1999 for a period of 8 years. He then enlisted in the Regular Army (RA) on 28 June 2000 1999 for a period of 3 years. Upon completion of training he was awarded military occupational specialty 88H (Cargo Specialist). He was promoted to specialist/pay grade E-4 on 1 March 2002.
3. He reenlisted in the RA on 19 December 2002 for a period of 3 years.
4. The applicant's DD Form 214 shows he entered active duty on 28 June 2000; was honorably released from active duty (REFRAD) on 18 December 2005 in accordance with Army Regulation 635-200 (Active Duty Enlisted Administrative Separations), chapter 4, based on completion of required active service; and transferred to the USAR Control Group (Reinforcement) to complete his Reserve obligation. He had completed 5 years, 5 months, and 21 days of total active service. It also shows in:
* item 18 (Remarks): "Not Eligible for Separation Pay; Signed Declination for Continued Service, DA Form 4991-R"
* item 26 (Separation Code): "MBK"
* item 27 (Reentry Code): "3"
5. 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.
a. It shows the SPD code of "MBK" is the appropriate code to assign Soldiers separated under the provisions of Army Regulation 635-200, chapter 4, based on completion of required active service.
b. The SPD/RE Code Cross Reference Table stipulates that an RE code of "1" or "3" will be assigned to members separated with an SPD code of "MBK." It also contains instructions to disregard RE code 1 and enter RE code 3 when the Soldier's record indicates that he/she signed a DCSS.
6. Army Regulation 601-210 (Active and Reserve Components Enlistment Program) covers eligibility criteria, policies, and procedures for enlistment and processing into the RA and the USAR. Table 3-1 includes a list of the RA
RE codes and shows that:
* RE-1 applies to Soldiers who are qualified for reentry or continuous service at time of separation, if all other applicable criteria are met
* RE-3 applies to Soldiers who are not considered fully qualified for reentry or continuous service at time of separation, but disqualification is waivable
DISCUSSION AND CONCLUSIONS:
1. The applicant contends his RE code should be changed because he served on active duty honorably with no record of any adverse or derogatory information.
2. The evidence of record shows the applicant signed a DCSS; therefore, he was ineligible for continued active service. Accordingly, he was REFRAD based on completion of required active service and assigned an RE code of "3."
3. The evidence of record shows an RE code of "3" establishing the applicant's ineligibility for enlistment/reenlistment without an approved waiver was correctly entered on his DD Form 214 in accordance with governing Army regulations. Therefore, the reentry code that is shown on the applicant's DD Form 214 is appropriate and correct.
4. In view of the foregoing, there is no basis for granting the applicant's requested relief.
5. The applicant is advised that an RE code of "3" applies to persons who are not considered fully qualified for reentry or continuous service; however, it allows for a waiver of the disqualification. Therefore, if he desires to reenter military service, he should contact a local recruiter who can advise him on his eligibility for returning to military service. Those individuals can best advise a former service member as to the needs of the service at the time and are responsible for processing RE code waivers.
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.
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