BOARD DATE: 6 March 2014 DOCKET NUMBER: AR20130011540 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 change of the reentry eligibility (RE) code on his DD Form 214 (Certificate of Release or Discharge from Active Duty) from RE "3" to an RE code that will allow him to reenter military service. 2. The applicant states he completed his initial enlistment commitment in the Regular Army (RA) and he was honorably discharged. He received an RE code of "3," but the code was not explained to him. He adds that he is in the process of attempting to reenter the U.S. Army Reserve (USAR). 3. The applicant provides a copy of his DD Form 214. CONSIDERATION OF EVIDENCE: 1. The applicant enlisted in the RA on 8 May 1992 for a period of 2 years and 27 weeks. He was promoted to specialist (E-4) on 1 November 1993 and reenlisted in the RA on 23 May 1994 for a period of 3 years. 2. The applicant's DD Form 214 shows he was honorably released from active duty (REFRAD) on 22 May 1997 under the provisions of Army Regulation 635-200 (Personnel Separations - Enlisted Personnel), chapter 4, based on completion of required active service. He had completed 5 years and 15 days of net active service this period. It also shows in: * item 26 (Separation Code): "MBK" * item 27 (Reentry Code): "3" 3. A DD Form 4 Enlistment/Reenlistment Document - Armed Forces of the United States) shows the applicant enlisted in the USAR in grade E-4 on 4 September 2013 for a period of 3 years. 4. Army Regulation 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. a. It shows that the SPD code "MBK" is the appropriate code to assign to Soldiers separated under the provisions of Army Regulation 635-200, chapter 4, based on expiration term of service (ETS). b. The SPD/RE Code Cross Reference Table in effect at the time stipulated that an RE code of "1" would be assigned to members separated with an SPD code of "MBK." 5. Army Regulation 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: a. 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; and b. 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. DISCUSSION AND CONCLUSIONS: 1. Records show the applicant was honorably REFRAD on 22 May 1997 based on completion of required active service. 2. At the time the applicant was REFRAD, RE code "1" applied to Soldiers completing their term of active service who were considered qualified to reenter the U.S. Army (i.e., qualified for enlistment if all other criteria are met). 3. RE code "3" establishing the applicant's ineligibility for enlistment/reenlistment was incorrectly entered on his DD Form 214. 4. Therefore, it would be appropriate at this time 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 "1." _______ _ 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) AR20130011540 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20130011540 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1