IN THE CASE OF: 

		BOARD DATE:	    24 July 2014

		DOCKET NUMBER:  AR20130020816 


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 his reentry (RE) code be changed to a more favorable RE code.

2.  He states on the day of his final out he was flagged, but it was removed on the following day.

3.  He provides:

* DD Form 214 (Certificate of Release or Discharge from Active Duty) 
* Enlisted Record Brief (ERB)
* DA Form 268 (Report to Suspend Favorable Personnel Actions (FLAG))
* Suspension of FLAG listing

CONSIDERATION OF EVIDENCE:

1.  The applicant enlisted in the Regular Army (RA) on 8 October 1992 and served through a series of continuous reenlistments until he was honorably retired in the rank and pay grade of staff sergeant/E-6 on 31 October 2013.  He was placed on the Retired List effective 1 November 2013. 

2.  He served 21 years and 23 days of creditable active service and he was assigned an RE code of "4R" and a separation code of RBD to denote separation under the provisions of Army Regulation 635-200 (Active Duty Enlisted Administrative Separations), chapter 12, by reason of sufficient service for retirement.
3.  He provided the following documents:

	a.  DA Form 268, dated 18 October 2013, that shows a flagging action on the applicant was removed effective 17 October 2013.

	b.  Suspension of FLAG Listing that contains no flagging action entry on the applicant.

	c.  Enlisted Record Brief, dated 31 October 2013, that shows no entries in the blocks titled:

* Flag Code
* Flag Start Dt
* Flag Expiration Dt

4.  Pertinent Army Regulations provide that prior to discharge or release from active duty individuals will be assigned RE codes, based on their service records or reason for discharge.  Army Regulation 601-210 (Active and Reserve Components Enlistment Program) covers eligibility criteria, policies, and procedures for enlistment and processing into the RA and the U.S. Army Reserve.  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.

5.  The Separation Designator Code (SPD)/RE Code Cross Reference Table states that when the SPD code is RBD then RE code 4R will be given.
  
6.  An RE code of "4R" applies to individuals retiring after 20 or more years active Federal service (title 10, U.S. Code 3914 or 3917), indicating that a person is not qualified for continued Army service by virtue of being separated from the service with a nonwaivable disqualification such as a length of service retirement.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's administrative discharge under the provisions of Army Regulation 635-200, chapter 12, by reason of sufficient service for retirement was accomplished in compliance with applicable regulations with no indication of procedural errors which would have jeopardized his rights.

2.  The evidence of record shows he was separated with a separation code of "RBD" and he was assigned an RE code of 4R in accordance with the governing regulation.
3.  He contends on the day of his final out he was flagged, but it was removed on the following day.  However, his RE code is based on the authority and reason for discharge and cannot be changed unless the applicant's narrative reason for separation is changed.  His narrative reason for separation was based on sufficient service for retirement.

4.  His service record is void of evidence that shows the reentry code assigned to him was in error or unjust.  It was not based on his being flagged; it was based on his being retired.  Therefore, there is no basis to change a properly assigned RE code.

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)                                         AR20130020816





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ABCMR Record of Proceedings (cont)                                         AR20130020816



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