IN THE CASE OF:	  

		BOARD DATE:	  16 October 2014

		DOCKET NUMBER:  AR20140004447 


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 his reentry (RE) code be changed from a "3" to a "1."

2.  The applicant states he has an honorable discharge and he was not discharged for any negative reasons.

3.  The applicant does not provide any additional evidence.

CONSIDERATION OF EVIDENCE:

1.  The applicant enlisted in the Regular Army (RA) on 10 February 2004.  

2.  On 7 August 2012, the applicant submitted a voluntary request for separation of non-retention on active duty with an effective date of 1 December 2012.

3.  On 15 August 2012, he executed a DA Form 4991-R (Declination of Continued Service Statement (DCSS)) that shows he incurred a service-remaining requirement as a result of Recruiter/Retention School.  His expiration term of service (ETS) date was 24 April 2013 and he had to have a minimum of 36 months remaining to the end of his ETS date.  He acknowledged he had been counseled concerning the action he must take to satisfy the length of service requirement incident to this operational commitment and regarding his refusal to extend or reenlist.  He also acknowledged he understood the effects his refusal would have on his Army career and future decisions.  

4.  A DA Form 4856 (Developmental Counseling Form), dated 29 August 2012, shows the applicant was counseled on his DCSS of refusing a future recruiting assignment.

5.  A DA Form 4187-1 (Personnel Action Form Addendum), dated 7 September 2012, shows the applicant's commanding officer approved his request for voluntary separation and he directed the issuance of an honorable characterization of service.

6.  On 7 November 2012, the applicant enlisted in the U.S. Army Reserve (USAR) for a 3-year period.  On the same date, he executed a DA Form 5691 (Request for Reserve Component Assignment Orders).

7.  On 1 December 2012, the applicant was honorably discharged.  

8.  His DD Form 214 (Certificate of Release or Discharge from Active Duty) shows he was honorably discharged in accordance with paragraph 16-4b of Army Regulation 635-200 (Active Duty Enlisted Administrative Separations) by reason of non-retention on active duty.  He completed 8 years, 9 months, and 22 days of active service during this period.  Additionally, this form shows in item 26 (Separation Code) the entry "KGH" and in item 27 (Reentry Code) the entry "3."

9.  Army Regulation 601-280 (Army Retention Program) prescribes criteria for the Army retention program and sets forth policies, command responsibilities for immediate reenlistment or extension of enlistment of Soldiers currently serving in the Active Army and/or enlistment/transfer and assignment of Soldiers processing from the Active Army to the Reserve Components of the Army.  It provides, in pertinent part, that once a DCSS is processed, a Soldier is barred from enlistment.  A declination statement remains in effect unless removed by the appropriate authority.  

10.  Army Regulation 635-200 sets forth the basic authority for the separation of enlisted personnel.  Chapter 16 covers discharges caused by changes in service obligation.  Paragraph 16-4(b) pertains to declination of continued service.  It states RA Soldiers serving on a second or subsequent enlistment who refuse to take action to meet the remaining military service requirements by signing DA Form 4991-R pursuant to Army Regulation 601–280, may request a voluntary separation.  The service of Soldiers separated under this paragraph will be characterized as honorable.



11.  Army Regulation 601-210 (Active and Reserve Components Enlistment Program) covers eligibility criteria, policies, and procedures for enlistment and processing into the RA, USAR, and Army National Guard.  Chapter 3 prescribes the basic eligibility for prior-service applicants for enlistment and includes a list of Armed Forces RE codes. 

* An RE-1 applies to persons who completed an initial term of active service who were fully qualified for enlistment when separated
* An RE-3 applies to persons who were not qualified for reentry or continuous service at the time of separation, but the disqualification was waivable
* An RE-4 applies to Soldiers separated from their last period of service with a nonwaivable disqualification

12.  Army Regulation 635-5-1 (Separation Program Designator (SPD) Codes) states that SPD codes are three-character alphabetic combinations which identify reasons for and types of separation from active duty.  At the time of the applicant's separation action, the SPD code of "KGH" was used when a Soldier was separated by reason of non-retention under paragraph 16-4, Army Regulation 635-200.

13.  The SPD/RE Code Cross Reference Table, dated October 1999, provides instructions for determining the RE code for active Army Soldiers and Reserve Component Soldiers.  This cross reference table shows the SPD code and the corresponding RE code.  It states that SPD Code "KGH" has a corresponding RE code of "3."

DISCUSSION AND CONCLUSIONS:

1.  The applicant was assigned an RE code of 3.  This was the appropriate code for Soldiers separating by reason of non-retention due to signing a DCSS.  Furthermore, in accordance with applicable regulations in effect at the time of his discharge the RE code entered on his DD Form 214 was consistent with the reason and authority for separation.

2.  In view of the above, there is an insufficient evidentiary basis for granting the 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)                                         AR20140004447



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ABCMR Record of Proceedings (cont)                                         AR20140004447



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