IN THE CASE OF:
BOARD DATE: 24 September 2014
DOCKET NUMBER: AR20140014946
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 that her Reentry (RE) code be changed from a 3 to a 1.
2. The applicant states that she is not sure which of her actions led to her being assigned an RE code of 3. She also states that she signed a Declination of Continued Service Statement in 2010, but she was not told that it would lead to any punishable action. She desires to re-enter active duty.
3. The applicant provides a copy of her DD Form 214 (Certificate of Release or Discharge from Active Duty).
CONSIDERATION OF EVIDENCE:
1. The applicant enlisted in the Regular Army (RA) on 12 February 2003. She completed her training as a wheeled vehicle mechanic and remained on active duty through a series of continuous reenlistments. She served two tours in Iraq and one tour in Korea and she was promoted to the pay grade of E-6 on
1 September 2009.
2. The applicant was stationed at Fort Irwin, California when she signed a DA Form 4991-R (Declination of Continued Service Statement), which amounted to a self-imposed bar to reenlistment. Her records were annotated to reflect that she was prohibited from reenlistment.
3. On 28 October 2012, the applicant was honorably discharged due to completion of required active service. She had served 9 years, 8 months, and
17 days of active service and she was assigned a separation code of KBK and an RE code of 3.
4. Pertinent Army Regulations provide that prior to discharge or release from active duty individuals will be assigned RE codes based on their service records or the reason for discharge. Army Regulation 601-210 covers eligibility criteria, policies, and procedures for enlistment processing into the RA and the U.S. Army Reserve. Chapter 3 of that regulation prescribes basic eligibility for prior service applicants for enlistment. That chapter includes a list of armed forces RE codes.
5. An RE code of 3 applies to persons not qualified for continued Army service, but the disqualification is waivable. Certain persons who have received nonjudicial punishment are so disqualified, as are persons with bars to reenlistment, and those discharged under the provisions of chapters 5, 9, 10, 13, 14, and 16 of Army Regulation 635-200. A waiting period of 2 years from separation is required before a waiver may be submitted through a local recruiting office.
DISCUSSION AND CONCLUSIONS:
1. The applicants separation was accomplished in accordance with applicable regulations with no indication of any violations of the applicants rights.
2. The applicant signed a Declination of Continued Service Statement, which amounted to a self-imposed bar to reenlistment and she continued to serve until she completed her required active service. She was discharged under the provisions of chapter 4, Army Regulation 635-200 and she was properly assigned an RE code of 3 in accordance with the applicable regulations.
3. The applicant is not precluded from applying for a waiver of her RE code at a nearby recruiting office if she is otherwise qualified and the needs of the Army at the time justify her return to service; however, there is no basis to change her RE code.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
___x____ ____x___ ____x ___ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
1. 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.
2. The Board wants the applicant and all others concerned to know that this action in no way diminishes the sacrifices made by the applicant in service to the United States during the Global War on Terrorism. The applicant and all Americans should be justifiably proud of her service in arms.
_______ _ _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) AR20140014946
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