Applicant Name:  ?????

Application Receipt Date: 2009/06/25	Prior Review:     Prior Review Date: NA     

I.  Applicant Request:  Upgrade     Reason Change     RE Code Change    

Issues: Applicant states, "I am wanting to reenlist back in the military and need my reentry code changed from a 3 to a 1. I was told that after 90 day i could reenlist back in the military. I already have a hononable discharge. I woul;d like to be able to enenlist back in the aervice as soon as possible."

II.  Were Proper Discharge and Separation Authority procedures followed?	     
Tender Offer:   NA

See Attachments:  Legal     Medical     Minority Opinion     Exhibits 

III.  Discharge Under Review
Unit CDR Recommended Discharge: 	   Date: NIF
Discharge Received: 			   Date: 080521   Chapter: 16-4A       AR: 635-200
Reason: Non-Retention on Active Duty	   RE:     SPD: KGH   Unit/Location: Army Air Ambulance Det, Fort Polk, LA  

Time Lost: None

Article 15s (Charges/Dates/Punishment): None 

Courts-Martial (Charges/Dates/Punishment): None

Counseling Records Available: Yes    No 

IV.  Soldier’s Overall Record
Age at current enlistment:  23
Current ENL Date: 060413    Current ENL Term: 4 Years  ?????
Current ENL Service: 	02 Yrs, 01Mos, 08Days ?????
Total Service:  		04 Yrs, 08Mos, 05Days ?????
Previous Discharges: 	RA-030917-060412/HD
Highest Grade: E5		Performance Ratings Available: Yes    No 
MOS: 15P20/Aviation Ops Spec   GT: 95   EDU: HS Grad   Overseas: NIF   Combat: NIF
Decorations/Awards: AAM, AGCM, NDSM, ASR, GWOTSM, OSR (GWOTSM and OSR are annotated on applicant's DD Form 214; however, the available record shows neither the overseas nor combat tours.) 

V.  Post-Discharge Activity
City, State:  Chapmansboro, TN
Post Service Accomplishments: None submitted by the applicant.

VI.  Facts, Circumstances, and Legal Basis for Separation

       a.  Facts and Circumstances:
       The facts and circumstances pertaining to the applicant’s discharge from the Army are not contained in the available records.  However, the record contains a properly constituted DD Form 214 (Certificate of Release or Discharge from Active Duty), which was authenticated by the applicant.  His DD Form 214 indicates that he was discharged under the provisions of Chapter 16-4A, AR 635-200, by reason of non-retention on active duty, with a characterization of service of honorable.  Furthermore, the DD Form 214 shows a Separation Code of KGH (i.e., non-retention on active duty), with a reenlistment eligibility (RE) Code of "3."
       
       

       b.  Legal Basis for Separation:  
       Army Regulation 635-200 sets forth the basic authority for the separation of enlisted personnel.  Chapter 16 covers discharges caused by changes in service obligations.  Paragraph 16-5 (c) states, in pertinent part, that Soldiers who decline to meet service remaining requirements and who have signed a Declination of Continued Service Statement (DCSS) may request immediate separation.  Soldiers who have signed a DCCS and are subsequently alerted for schooling or assignment for which they have sufficient service remaining, must request early separation within 30 days of the alert, or else comply with the reassignment instructions.  Army policy states that the service of personnel separated under this paragraph will be characterized as honorable. 

       c.  Response to Issues, Recommendation and Rationale:  
       The analyst carefully examined the applicant’s record of service for the period of enlistment under review.  The evidence of record shows that on 30 January 2007, the applicant signed a Declination of Continued Service Statement.  The record is void of the facts and circumstances that led to the Declination of Continued Service Statement and the discharge that is under review.  However, the record does contain a properly constituted DD Form 214 (Certificate of Release or Discharge from Active Duty), which was authenticated by the applicant's signature.  This document identifies the reason and characterization of the discharge and the analyst presumed government regularity in the discharge process.  
       
       Furthermore, the analyst noted the applicant's issue and determined that when the applicant authenticated Declination of Continued Service Statement with his signature, he understood that once separated, he would be prohibited to apply for reentry into the Active Army for a period  of at least 93 days if separated at his normal ETS and at least 2 years if voluntarily separated before his ETS.  The applicant’s request for separation was subsequently approved and the applicant was honorably discharged.  
       
       Furthermore, at the time of discharge the applicant was appropriately assigned a reentry eligibility (RE) code of “3.”  If reenlistment is desired, the applicant should contact the local recruiter to determine eligibility to reenlist.  Those individuals can best advise a former service member as to the needs of the Army at the time, and are required to process waivers of reentry eligibility (RE) codes if appropriate.  
       
       Barring evidence to the contrary, the analyst found the reason for discharge to be both proper and equitable and recommends to the Board to deny relief.
       
       
       
       
       
       
       
       
       
       
       
       
       
       
       
       
       
       
       
       
       
       

VII.  Summary of Army Discharge Review Board Hearing

Type of Hearing: 		Date: 22 March 2010         Location: Washington, D.C.

Did the Applicant Testify?  Yes     No  

Counsel: NA

Witnesses/Observers: NA 

Exhibits Submitted: Bankruptcy Discharge form and DD Form 214.

VIII.  Board Discussion, Determination, and Recommendation
After carefully examining the applicant's record of service during the period of enlistment under review, hearing his testimony and considering the analyst's recommendation and rationale, the Board determined that the discharge was both proper and equitable and voted to deny relief.
        
IX.  Board Decision						
	XI.  Certification Signature
Board Vote:  							          Approval Authority:	
Character - Change 0    No change 0
Reason -     Change 0    No change 5
(Board member names available upon request)
								         EDGAR J. YANGER			 
								         Colonel, U.S. Army
X.  Board Action Directed					         President, Army Discharge Review Board
Issue a new DD Form 214  					
Change Characterization to: 			         
Change Reason to: NA
Other: NA										
RE Code: 
Grade Restoration:   No   Yes   Grade: NA
ARMY DISCHARGE REVIEW BOARD - CASE REPORT AND DIRECTIVE

Case Number AR20090010815
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