IN THE CASE OF:	  

		BOARD DATE:	  31 May 2012

		DOCKET NUMBER:  AR20110020802 


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 that his Reenlistment Eligibility (RE) Code of "3" be changed to "1."

2.  The applicant states, in effect, his Separation Program Designator (SPD) Code of "KBK" requires an RE Code of "1."  He indicates that he signed a Declination of Continued Service Statement (DCSS) because his plan was to get out of the service, concentrate on his education, and return to active service.

3.  The applicant provides an unsigned statement and a copy of his separation orders, dated 30 June 2011, honorably discharging him from the U.S. Army Reserve, in the rank of sergeant. 

CONSIDERATION OF EVIDENCE:

1.  The applicant served in the Regular Army from 20 June 2002 to 
20 September 2009 as an armor crewman.  

2.  He served three tours of duty in Iraq and achieved the rank of sergeant.  His awards included the Army Commendation Medal and Good Conduct Medal (2nd Award).

3.  On 20 September 2009, after signing a DCSS, he was separated with an honorable discharge due to completion of required active service and assigned an SPD Code of "KBK" and an RE Code of "3." 

4.  Army Regulation 635-5-1 (SPD Codes) provides the specific authorities and reasons for separating Soldiers from active duty, and the SPD codes to be entered on the DD Form 214.  The SPD Code of "KBK" was the appropriate code for Soldiers released for completion of required active service.  The SPD/RE Code Cross Reference Table establishes an RE Code of "1" as the proper code to assign such Soldier’s.  However, it also includes the following rule:  Enter an RE Code of "3" (disregarding the RE Code of "1") when a Soldier’s record indicates the Soldier signed a DCSS for the current enlistment period. 

DISCUSSION AND CONCLUSIONS:

1.  By his own admission the applicant signed a DCSS.  

2.  Based on the available evidence the applicant was appropriately assigned an SPD Code of "KBK" and an RE Code of "3" due to the DCSS that he signed.

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)                                         AR20110020802





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ABCMR Record of Proceedings (cont)                                         AR20110020802



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