BOARD DATE: 18 May 2017 DOCKET NUMBER: AR20150017763 BOARD VOTE: _________ _______ ________ GRANT FULL RELIEF ________ ________ ________ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING ____x____ ____x____ ____x____ DENY APPLICATION 2 Enclosures 1. Board Determination/Recommendation 2. Evidence and Consideration BOARD DATE: 18 May 2017 DOCKET NUMBER: AR20150017763 BOARD DETERMINATION/RECOMMENDATION: The evidence presented does not demonstrate the existence of a probable error or injustice. Therefore, the Board determined 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. BOARD DATE: 18 May 2017 DOCKET NUMBER: AR20150017763 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 eligibility (RE) code be changed from a "3" to a "1." 2. The applicant states, in effect, he is requesting the change to make it easier for him to enter the U.S. Army Reserve (USAR). He requested an extension to serve until he reached his retention control point (RCP) (for specialist four/E-4), which was 2 June 2016, but he was denied. The reason for the denial is unknown. He was a good Soldier with no Uniform Code of Military Justice (UCMJ) actions taken against him. A report of suspension of favorable personnel action (Flag) was initiated against him, and as a result he was assigned an RE code of "3." 3. The applicant provides a copy of his DD Form 214 (Certificate of Release or Discharge from Active Duty). 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 Regular Army on 2 January 2008, completed training, and was awarded military occupational specialty (MOS) 68D (Operating Room Specialist). 3. On 20 January 2012, the applicant received a Letter of Reprimand (LOR) for driving 94 miles per hour in a 70 mile an hour zone and driving while intoxicated. The LOR was permanently filed in the applicant's Official Military Personnel File. 4. On 24 October 2012, with 4 years, 9 months, and 22 days of prior active military service, he reenlisted for 3 years in pay grade E-4. 5. There is no evidence that he was on a promotion list. 6. The applicant was honorably discharged on 23 October 2015 for completion of required active service with no USAR obligation. His DD Form 214 shows: * his rank/pay grade as specialist four/E-4, effective 1 July 2010 * 7 years, 9 months, and 22 days of creditable active service and no lost time * his narrative reason for separation as Completion of Required Service * a separation program designator (SPD) code of KBK * an RE code of 3 7. He was awarded the: * Army Commendation Medal * Army Achievement Medal (4th Award) * Army Good Conduct Medal (2nd Award) * National Defense Service Medal * Global War On Terrorism Service Medal * Korea Defense Service Medal * Noncommissioned Officer Professional Development Ribbon * Army Service Ribbon * Overseas Service Ribbon * Military Outstanding Volunteer Service Medal * Air Assault Badge * Expert Marksmanship Qualification Badge with Pistol and Rifle Bars * Driver And Mechanic Badge with Driver-Wheeled Vehicle (S) Clasp 8. The available record contains no documentation of a request to serve until his RCP or the reason he was denied such a request. REFERENCES: 1. Army Regulation 601-280 (Army Retention Program) sets forth policies, command responsibilities for immediate reenlistment or extension of enlistment of Soldiers currently serving in the Active Army and enlistment/transfer and assignment of Soldiers processing from the Active Army to the Reserve Components of the U.S. Army. It provides that a Soldier may not exceed their RCP more than 29 days before expiration of contracted service. The current RCP for a specialist four/E-4 is 10 years and 8 years for over strength MOSs. 2. Army Regulation 635-5-1 (SPD Codes) states the SPD code of "KBK" is to be utilized when a Soldier is eligible to reenlist and is discharged on completion of enlistment. 3. The SPD/RE Codes Cross – Reference Table provides that an SPD code of KBK will have an RE code of 1 or 3. The RE code of 3 is to be used when the Soldier’s record indicates the Soldier is ineligible for or otherwise denied immediate reenlistment or has a Declination of Continued Service Statement. DISCUSSION: 1. The applicant's application statement implies that his RCP was 8 years. 2. The applicant completed his second enlistment effective the date of his discharge. Due to his total period of service and his pay grade, the applicant would not have been considered eligible to reenlist. 3. The applicant has not provided and the record does not contain any evidence that he requested and was denied an extension on active duty until his RCP. 4. Even if he had been granted the extension to his RCP he would have received an RE 3 due to being ineligible for reenlistment due to reaching his RCP. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20150017763 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20150017763 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2