IN THE CASE OF:
BOARD DATE: 12 May 2015
DOCKET NUMBER: AR20140015777
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 reentry eligibility (RE) code.
2. The applicant states:
a. His RE code of 4R is unjust because it bars him from ever serving again unless he is recalled to active or Reserve status. Two years prior to his 20-year mark he started looking into transitioning into the Army National Guard Special Forces. Too many unknowns and too many different answers to his questions forced him into a decision to retire. He wanted to continue to serve, but not in a full-time capacity.
b. The RE code given to retirees is unjust for many reasons. It is an all or nothing option. The dispute lies between the Federal and State level as to who will pay for retirement and when. Once Soldiers come close to or reach the
20-year mark, the Army National Guard finds it hard to accommodate Soldiers even if they are needed.
d. He understands if his RE code is changed and he is given a chance to serve again that he will not receive retired pay.
3. The applicant provides:
* DD Form 214 (Certificate of Release or Discharge from Active Duty)
* letter from a Member of Congress, dated 11 August 2014
CONSIDERATION OF EVIDENCE:
1. The applicant enlisted in the Regular Army on 25 February 1992 and he remained on active duty through continuous reenlistments. He retired on 29 February 2012 in the rank of sergeant first class after completing over 20 years of active Federal service.
2. His DD Form 214 shows in:
* item 25 (Separation Authority) Army Regulation 635-200 (Active Duty Enlisted Administrative Separations), chapter 12
* item 26 (Separation Code) RBD
* item 27 (Reentry Code) 4R
* item 28 (Narrative Reason for Separation) Sufficient Service for Retirement
3. Army Regulation 601-210 (Active and Reserve Components Enlistment Program) covers eligibility criteria, policies, and procedures for enlistment and processing in the Regular Army, U.S. Army Reserve, and Army National Guard. Table 3-1 provides a list of RE codes.
a. RE code 1 applies to persons completing an initial term of active service who were fully qualified when last separated.
b. RE code 3 applies to persons who are not considered fully qualified for reentry or continuous service at the time of separation but disqualification is waivable.
c. RE code 4R applies to persons who retired for length of service with 15 or more years of active Federal service.
4. Army Regulation 635-5-1 (Separation Program Designator (SPD) Codes) prescribes the specific authorities (statutory or other directives), reasons for separating Soldiers from active duty, and the SPD codes to be entered on the DD Form 214. SPD code RBD applies to Soldiers retired for sufficient service for retirement and the regulatory authority is Army Regulation 635-200, chapter 12.
5. The SPD/RE Code Cross Reference Table, dated 15 June 2006, shows that Soldiers assigned an SPD of RBD will be assigned an RE code of 4R.
DISCUSSION AND CONCLUSIONS:
1. The applicant's contentions were carefully considered. However, the evidence of record confirms his RE code was assigned based on his retirement under the provisions of Army Regulation 635-200, chapter 12. The RE code associated with this type of discharge is 4R.
2. His RE code was administratively correct and in conformance with applicable regulations at the time of his retirement. Therefore, there is no basis for granting his 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 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) AR20140015777
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ABCMR Record of Proceedings (cont) AR20140015777
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