BOARD DATE: 6 June 2017 DOCKET NUMBER: AR20160001373 BOARD VOTE: _________ _______ ________ GRANT FULL RELIEF ____x____ ___x_____ ___x_____ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING ________ ________ ________ DENY APPLICATION 2 Enclosures 1. Board Determination/Recommendation 2. Evidence and Consideration BOARD DATE: 6 June 2017 DOCKET NUMBER: AR20160001373 BOARD DETERMINATION/RECOMMENDATION: 1. The Board determined the evidence presented is sufficient to warrant a recommendation for partial relief. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by changing item 19a and item 19b of his DD Form 214 to show the city as "Valdese." 2. The Board further determined the evidence presented is insufficient to warrant a portion of the requested relief. As a result, the Board recommends denying so much of the applicant request that pertains to granting his request to change his reentry code to RE-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. BOARD DATE: 6 June 2017 DOCKET NUMBER: AR20160001373 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 correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty), item 19a (Mailing Address) and item 19b (Nearest Relative), to show the city name as Valdese and to change his reentry eligibility (RE) code from 3 to 1. 2. The applicant states there is a typographical error in his mailing address and his RE code should be 1 vice 3. There is no information in his service records to explain why this code is present and it has been keeping him from enlisting. His recruiter said he cannot find anything in his records to indicate why an RE code 3 was placed there. 3. The applicant provides a copy of his DD Form 214. 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. On 19 February 2003, the applicant enlisted in the U.S. Army Reserve. 3. On 27 January 2004, the applicant enlisted in the Regular Army (RA) for a period of 3 years. 4. On 10 November 2005, the applicant reenlisted in the RA for a period of 6 years. On 9 November 2011, he was honorably released from active duty under the provisions of Army Regulation 635-200 (Active Duty Enlisted Administrative Separations), chapter 4, by reason of completion of required active service. 5. The applicant's DD Form 214 shows in: * item 4a (Grade, Rate, or Rank) – specialist (SPC) * item 4b (Pay Grade) – E-4 * item 12c (Net Active Service This Period) – 7 years, 9 months, and 13 days * item 26 (Separation Code) – separation program designator (SPD) code of "KBK" for involuntary release from active duty or transfer by reason of completion of required active service * item 27 (Reentry Code) – "3" * item 28 (Narrative Reason for Separation) – Completion of Required Active Service 6. The evidence of record shows an entry in the U.S. Army Human Resources Command (HRC) Integrated Web Services Transaction History with the applicant's city address listed as "Valdese." 7. The applicant's records contain no disciplinary actions or document showing he received or signed a Declination of Continued Service Statement (DCSS). REFERENCES: 1. Army Regulation 635-5 (Personnel Separation Documents), dated 15 September 2000 in effect at the time, prescribed the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army. This regulation established standardized policy for preparation of the DD Form 214. It states that commanders or chiefs of transition centers must ensure all information on the DD Form 214 and other separation documents is accurate. The DD Form 214 is of vital importance to the separating Soldier and must be properly prepared according to prescribed guidance. 2. Army Regulation 635-5-1 (SPD Codes), dated 10 December 2007 in effect at the time, prescribed the specific authorities (regulatory, statutory, or other directives), the reasons for the separation of members from active military service, and the SPD codes to be used for these stated reasons. The SPD code KBK specified the narrative reason for separation for those who have completed their required active service and who have a DCSS in force. The authority for separation under this SPD is Army Regulation 635-200, chapter 4. The SPD/RE Code Cross Reference Table establishes RE code 1 or 3 as the proper code for SPD code KBK. * RE-1 applies to Soldiers completing their terms of active service who are considered qualified to reenter the U.S. Army – they are qualified for enlistment if all other criteria are met * RE-3 applies to Soldiers eligible to reenlist or with a DCSS in force who are discharged on completion of enlistment 3. Army Regulation 601-280 (Personnel Procurement Army Retention Program), dated 31 January 2006 in effect at the time, prescribed criteria for the Army Retention Program and set forth policies and 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. a. Chapter 3 (Qualification of a Soldier for Reenlistment), paragraph 8(g)(1), stated a Soldier may not exceed the retention control point by more than 29 days before expiration of contracted service (reenlistment or extension) for SPC/E-4, by having 10 or more years of service for pay purposes at the expiration term of service (ETS). b. Chapter 4 (Reenlistment, Extensions of Enlistment, and DCSS), paragraph 4-1 (Reenlistment Options), stated reenlistment options are designed to meet the personal desires of the Soldier and to fulfill the needs of the Army. To serve the interests of both the Soldier and the service, it is necessary to ensure that a Soldier accepted for reenlistment is qualified not only for reenlistment, but for the option chosen as well. It is also important that the Soldier be familiar with what is expected of him or her when he or she selects a certain option. c. Reenlistment options, other than the Regular Army reenlistment option, were available only to Soldiers in the reenlistment eligibility window. The reenlistment eligibility window opened when the Soldier was within 12 months of ETS and closed when the Soldier reached 3 months prior to ETS. Immediate reenlistment was not authorized when Soldiers were within 3 months of scheduled ETS without prior approval from the Commanding General, U.S. Army Human Resources Command. Soldiers with less than 10 years of active Federal service would be reenlisted for 2, 3, 4, 5, or 6 years of service. 4. Army Regulation 15-185 (Army Board for Correction of Military Records) prescribes the policies and procedures for correction of military records by the Secretary of the Army acting through the ABCMR. The ABCMR begins its consideration of each case with the presumption of administrative regularity. The applicant has the burden of proving an error or injustice by a preponderance of the evidence. DISCUSSION: 1. The applicant contends that his mailing address should be corrected to show the spelling of the city as Valdese and that his RE code should be 1. 2. The evidence of record shows the correct spelling of the city for his mailing address is Valdese vice Valbese. 3. The applicant's records show he was honorably separated from the Regular Army at the completion of his required service in pay grade SPC/E-4. He completed a total of 7 years, 9 months, and 13 days of net active service. He was assigned an SPD code of KBK and, although he was authorized an RE code of 1 or 3, he was assigned an RE 3 code. This was the appropriate code for Soldiers separating by reason of non-retention due to signing a DCSS. However, the applicant's record is void of any DCSS documentation. 4. The applicant received an honorable characterization of service, completed less than the required maximum service in pay grade SPC/E-4 (10 years), and his records show no derogatory information. 5. The available evidence suggests the applicant did not exercise his option to reenlist a minimum of 3 months prior to his ETS. 6. In the absence of evidence to the contrary, the presumption of administrative regularity must be applied. As such, even though his records do not contain his separation packet, it is presumed that his discharge process was accomplished in accordance with applicable regulations. It is also presumed that all requirements of law and regulation were met and his rights were fully protected throughout the separation process. 7. The applicant's RE-3 code simply implies that he was not eligible to reenlist at the time of his separation and that if the needs of the service so dictate, he could have been granted a waiver of the disqualification. The applicant is still eligible to enlist with an approved waiver from his recruiting office. //NOTHING FOLLOWS// ABCMR Record of Proceedings (cont) AR20160001373 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20160001373 5 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2