IN THE CASE OF:	  

		BOARD DATE:	  8 October 2015

		DOCKET NUMBER:  AR20150003546 


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).

2.  The applicant states his DD Form 214 shows RE code "4."  He acknowledges that he signed a DA Form 4991-R (Declination of Continued Service Statement (DCSS)) prior to his expiration term of service (ETS).  As a result, he was prohibited to apply for reentry into the Active Army for a period of at least 
93 days (if he was separated on his normal ETS date of 25 February 2011) or at least 2 years if he voluntarily separated prior to his ETS.

   a.  He states that he completed his full service requirement and received an honorable discharge.  He believes the RE code is inaccurate and/or incorrect.

   b.  He adds that he completed a Bachelor of Science degree in Biology.  He considered reentering military service in either a reserve or active status and recently learned that the RE code reflects negatively on his prior military service and it is not waivable.

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 7 January 2005 for a period of 8 years.  He then enlisted in the Regular Army (RA) on 1 February 2005 for a period of 4 years.

   a.  Upon completion of training he was awarded military occupational specialty 68W (Health Care Specialist).

   b.  He served in Iraq from 28 August 2006 to 20 November 2007 and he was promoted to specialist/pay grade E-4 on 1 July 2007.

3.  He reenlisted in the RA on 26 February 2008 for a period of 3 years.

4.  A DA Form 4991-R, dated 14 January 2010, shows the applicant incurred a 
24-month service-remaining requirement under the provisions of Army Regulation (AR) 601-280 (Army Retention Program), chapter 4 (Reenlistment, extensions of enlistment, and DCSS), as a result of assignment to Fort Riley, KS. It also shows the applicant was counseled on the service requirement, but he refused to take necessary action to meet the length of service requirement.  It further shows, in pertinent part, he acknowledged that he was prohibited from reenlistment or extension; prohibited to apply for reentry into the Active Army for a period of at least 93 days, if separated at normal ETS, and for a period of at least 2 years, if voluntarily separated before ETS under AR 635-200 (Active Duty Enlisted Administrative Separations), paragraph 16-5 (Overseas Returnees).

5.  The applicant's DD Form 214 shows he entered active duty this period on
1 February 2005; was honorably released from active duty (REFRAD) on
25 February 2011 in accordance with AR 635-200, chapter 4, based on completion of required active service; and transferred to the USAR Control Group (Individual Ready Reserve) to complete his Reserve obligation.  He had completed 6 years and 25 days of total active service.  It also shows in:

* item 18 (Remarks):  "Member has Completed First Full Term of Service"
* item 26 (Separation Code):  "MBK" [Completion of Required Active Service]
* item 27 (Reentry Code):  "4"

6.  AR 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. 

* It shows the SPD code of "MBK" is the appropriate code to assign Soldiers separated under the provisions of AR 635-200, chapter 4, based on completion of required active service, including those with a DCSS in force who are REFRAD on completion of enlistment.
* The SPD/RE Code Cross Reference Table, in effect at the time, 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.

7.  AR 601-210 (Active and Reserve Components Enlistment Program), in effect at the time, covers eligibility criteria, policies, and procedures for enlistment and processing into the RA and the USAR.  Chapter 3 (Basic Qualifications for Enlistment in the RA and USAR, Prior Service Applicants) shows:

* RE-1 applies to Soldiers completing their term of active service who are considered qualified to reenter the U.S. Army; eligibility:  qualified for enlistment if all other 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; eligibility:  ineligible unless a waiver is granted.
* RE-4 applies to Soldiers separated from last period of service with a nonwaivable disqualification; eligibility:  ineligible for enlistment.

DISCUSSION AND CONCLUSIONS:

1.  Records show the applicant signed a DCSS; therefore, he was ineligible for continued active service.  He was honorably REFRAD on 25 February 2011 based on completion of required active service.

2.  At the time the applicant was REFRAD, RE code "3" applied to Soldiers who were not considered fully qualified for reentry or continuous service at the time of separation, including those with a DCSS in force who were REFRAD upon completion of enlistment.

3.  The evidence of record shows RE code "4" establishing the applicant's ineligibility for enlistment/reenlistment was incorrectly entered on his DD Form 214.

4.  In view of the foregoing, it would be appropriate to correct the RE code shown on the applicant's DD Form 214.

BOARD VOTE:

____x___  ____x___  ____x___  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The Board determined that the evidence presented was sufficient to warrant a recommendation for relief.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by deleting the entry from item 27 of his DD Form 214 and adding the entry "3."




      ___________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)                                         AR20150003546



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ABCMR Record of Proceedings (cont)                                         AR20150003546



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