IN THE CASE OF: 

		BOARD DATE:	    8 July 2014

		DOCKET NUMBER:  AR20130020519 


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 his reentry reentry eligibility (RE) code from RE3 to RE-1in order to reenter the military.

2.  The applicant states there is no error; however, he cannot join the military with an RE-3 code .  He contends his hardship is now over and he is willing to join the military and serve his country.

3.  The applicant provides a DD Form 214 (Certificate of Release or Discharge from Active Duty).  

CONSIDERATION OF EVIDENCE:

1.  The applicant enlisted in the Regular Army on 17 September 2012.

2.  He was honorably discharged on 23 October 2013.  His DD Form 214 shows he was discharged under the provisions of Army Regulation 635-200 (Active Duty Enlisted Administrative Separations), paragraph 6-3b.  The DD Form 214 further shows in:

* block 26 (Separation Code) the entry "KDB"
* block 27 (Reentry Code) the entry "3"
* block 28 (Narrative Reason for Separation) the entry "Hardship"

3.  Army Regulation 601-210 (Active and Reserve Components Enlistment Program) covers eligibility criteria, policies, and procedures for enlistment and processing into the Regular Army (RA) and the U.S. Army Reserve (USAR).  Chapter 3 of that regulation prescribes basic eligibility for prior service applicants for enlistment.  That chapter includes a list of armed forces RE codes, including RA RE codes.  RE-4 applies to persons who have a non-waivable disqualification.  RE-3 applies to persons who have a waivable disqualification.

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. It states that the SPD code KDB is the appropriate code to assign to Soldiers separated under the provisions of Paragraph 6-3b of Army Regulation 635-200, by reason of hardship.  The SPD/RE Code Cross Reference Table stipulates that an RE-3 code will be assigned to members separated under these provisions with an SPD code of KDB. 

5.  The SPD Code/RE Code Cross Reference Table states that when the SPD code is KDB then an RE code of 3 will be assigned.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that his RE code should be changed so that he may reenter the military.

2.  Evidence shows he was separated under the provisions of Army Regulation 635-200, paragraph 6-3b by reason of hardship.  Based on the authority and reason for separation, he was properly assigned an SPD code of KDB and a corresponding RE code of 3 in accordance with the applicable regulations.  Therefore, without evidence showing that an error exists on his DD Form 214, there is no basis to grant the relief requested.

3.  The applicant is advised that although no change is being recommended regarding his RE code, this does not mean that he is permanently disqualified from reentering military service.  RE-3 applies to persons who are not considered fully qualified for reentry or continuous service; however, it does allow for a waiver of disqualification.  Therefore, if he desires to reenter military service, he should contact a local recruiter who can best advise him on his eligibility for returning to military service.  Those individuals can best advise a former service member as to the needs of the service at the time and may process RE code waivers.


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 that 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)                                         AR20130020519



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ABCMR Record of Proceedings (cont)                                         AR20130020519



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