BOARD DATE:	  9 April 2015

		DOCKET NUMBER:  AR20140013903 


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 his DD Form 214 (Certificate of Release or Discharge from Active Duty), Item 27 (Reenlistment (RE) Code) from RE-3A to RE-1A. 

2.  The applicant states the current code of RE-3A does not reflect his service of over 6 years.  The code should have been RE-1A which truly reflects his service and commitment at discharge on 6 April 1981.  The RE-3A indicates mental issues and/or low test scores which does not reflect or apply to his service of over 6 years.  The RE-1A code reflects his status at the time of discharge requiring 93 days or better to reenlist.

3.  The applicant provides his DD Form 214 for the period ending 6 April 1981.

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 Regular Army (RA) for 3 years on 6 June 1975 and he held military occupational specialty 71L (Administrative Specialist).  He served in Germany from 25 March 1977 to 28 April 1978.  

3.  He was honorably discharged on 6 April 1978 for the purpose of immediate reenlistment in the RA.  His DD Form 214 for this period of service shows he completed 2 years, 10 months, and 1 day of active service. 

4.  He reenlisted in the RA on 7 April 1978.  He was advanced to specialist five (SP5)/E-5 on 3 April 1979. 

5.  On 20 February 1980, he accepted nonjudicial punishment under the provisions of Article 15 of the Uniform Code of Military Justice for:

* four specifications of being disrespectful in language toward a superior noncommissioned officer
* two specifications of dereliction in the performance of his duties 

6.  On 23 December 1980, he was issued assignment instructions to Germany with a report date of June 1981.  He declined the assignment and elected to sign a declination of continued service statement.  

7.  On 13 January 1981, his servicing military personnel officer requested a deletion of his assignment instructions and indicated the applicant had more than 4 years of service for pay purposes but less than a year remaining to separation date.  He declined to reenlist or extend his enlistment. 

8.  He was honorably discharged from active duty in the rank/grade of SP5/E-5 on 6 April 1981 in accordance with chapter 2 of Army Regulation 635-200 (Personnel Separations – Enlisted Personnel) by reason of completion of his required service. 

9.  His DD Form 214 shows he completed 3 years of active service during this period and credited him with 2 years, 10 months, and 1 day of prior active service.  His DD Form 214 also shows in:

* Item 26 (Separation Code), the entry JBK
* Item 27, the entry RE-3A

10.  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 U.S. Army Reserve.  Table 4-6 (Armed Forces Reenlistment Eligibility Codes Regular Army Reenlistment Eligibility Codes) of the regulation in effect at the time (5 January 1975) included a list of the RA RE codes:

* RE-1 applies to individuals who were fully qualified when last separated; fully qualified for enlistment
* RE-1A applies to individuals with over 6 years of service for pay; fully qualified but ineligible to enlist within 3 months following date of separation
* RE-2 applies to individuals separated for the convenience of the Government in accordance with chapter 5, AR 635-200, and reenlistment is not contemplated; fully qualified for enlistment
* RE-2A applies to individuals with over 6 years of service for pay who have incurred an additional service requirement and who decline to meet the additional service requirement through reenlistment or extension; fully qualified but ineligible to enlist within 3 months following date of separation; grade to be determined by appropriate official
* RE-3 applies to individuals who are not qualified for continued Army service, but the disqualification is waivable; ineligible to enlist unless a waiver is granted
* RE-3A applies to individuals who do not possess scores of 90 or higher in any three or more aptitude areas of the Army Qualification Battery or of the Army Classification Battery; however, this code is no longer used; fully qualified for enlistment if mental requirements of table 2-1 can be met; prior service mental requirements are nonwaivable
* RE-3B applies to individuals who have time lost during their last period of service; ineligible to enlist unless a waiver is granted
* RE-3C applies to individuals who have completed over 18 months service who do not meet the basic eligibility pay grade requirements of Table 2-1, AR 601-280, or who have been denied reenlistment under the Qualitative Screening Process pursuant to Chapter 4, Army Regulation 600-200; ineligible to enlist unless a waiver is granted
* RE-4 applies to individuals separated from last period of service with a nonwaivable disqualification; ineligible to enlist

11.  A change, dated 12 February 1981, to Army Regulation 601-210 stipulated a change to Table 4-6 of the regulation, specifically, the use of RE-3A for Soldiers separated on or after 15 August 1978.  It stated RE-3A would also be used for persons with over 4 years of service for pay who incurred an additional service requirement, who declined to meet additional service through reenlistment or extension, and who were separated after 15 August 1978.
12.  Army Regulation 635-5-1 (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.  SPD Code "JBK" is appropriate for involuntary release from active duty or transfer when the narrative reason for discharge is "Completion of Required Active Service."  JBK is used when the member has completed their required service but is ineligible for, declined, barred from, or otherwise denied reenlistment. 

13.  The SPD/RE Code Cross Reference Table provides instructions for determining the RE code for Active Army Soldiers and Reserve Component Soldiers separated for cause.  It also shows the SPD code with a corresponding RE code.  The Soldier’s file and other pertinent documents must be reviewed in order to make a final determination.  At the time of his discharge, SPD code of "JBK" would normally be assigned RE code "1," "1A," or "1C."  If, however, the Soldier had a local bar to or declined reenlistment and had less than 18 years of service, the Soldier was to be assigned RE code "3."

DISCUSSION AND CONCLUSIONS:

1.  The applicant initially served on active duty from 6 June 1975 to 6 April 1978. He was issued a DD Form 214 that captured his 2 years, 10 months, and 1 day of active service during this period of active duty.  At the time, the Army issued a separate DD Form 214 for each period of enlistment or reenlistment. 

2.  The applicant then reenlisted on 7 April 1978 and he was honorably discharged on 6 April 1981.  He completed 3 years of active duty during this period and 2 years, 10 months, and 1 day of prior active service for a total of 5 years, 10 months, and 1 day.  He was issued a DD Form 214 that captured this period of active duty as well as his prior active service.  

3.  Although he completed his service honorably, he had been issued assignment instructions and he opted to sign a declination of continued service statement.  Because he had over 4 years of service for pay and had incurred an additional service requirement but declined to meet the additional service requirement through reenlistment or extension, and was separated after 15 August 1978, he was appropriately assigned RE Code 3A.  





4.  The Army no longer uses RE Code 1A.  Nevertheless, in the absence of evidence showing an error or injustice in his RE Code, there is no basis for changing the RE code.

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)                                         AR20140013903





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ABCMR Record of Proceedings (cont)                                         AR20140013903



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