BOARD DATE: 28 March 2017 DOCKET NUMBER: AR20150015928 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: 28 March 2017 DOCKET NUMBER: AR20150015928 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: 28 March 2017 DOCKET NUMBER: AR20150015928 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 reentry (RE) code on his DD Form 214 (Certificate of Release or Discharge from Active Duty). 2. He states he believes the RE code of "3" is an unjust error and does not correctly reflect his military service. He is currently a sergeant in the U. S. Army Reserve (USAR) serving as a medic. He received an Army Commendation Medal, three Army Achievement Medals, a Certificate of Appreciation and other medal due to his actions in the USAR. He believes the RE 3 denotes that he is unfit for continued military service. 3. He provides his DD Form 214. CONSIDERATION OF EVIDENCE: 1. Title 10, U.S. Code (USC), 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 (RA) on 16 January 2008. He served in Kuwait from 6 April to 14 May 2010. 3. His DD Form 214 shows he was honorably released from active duty on 30 July 2010 and transferred to the USAR Control Group. He was credited with completing 2 years, 6 months, and 1 day of active duty service. It further shows in: * Item 25 (Separation Authority) – Army Regulation 635-200 (Active Duty Enlisted Administrative Separations), chapter 4 * Item 26 (Separation Code) – MBK * Item 27 (Reentry Code) – 3 * Item 28 (Narrative Reason for Separation) – Completion of required active service * Item 29 (Dates and Time Lost During This Period) – Under Title 10, U.S. Code, section 972: 4 March to 17 March 2009 (14 days) REFERENCES: 1. 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 MBK is the appropriate code to assign to Soldiers separated for completion of required active service. The SPD/RE Code Cross Reference Table stipulates, in pertinent part, that an RE-3 code will be assigned to members separated under these provisions with an SPD code of MBK when Soldier's record indicates (for the current enlistment period) the Soldier: * is ineligible for or otherwise denied immediate reenlistment * has declination of continued service statement * has grade and service criteria in Army Regulation 601-210 (Active and Reserve Components Enlistment Program), paragraph 3-10 * has time lost due to being absent without leave (AWOL) or confinement * has an immediate reenlistment prohibition code 2. Army Regulation 601-210 (Active and Reserve Components Enlistment Program) prescribes eligibility criteria governing the enlistment of persons, with or without prior service, into the RA, the USAR, and the Army National Guard. a. Table 3-1 includes a list of the Army RE codes: (1) RE-1 applies to Soldiers completing their term of active service who are considered qualified to reenter the U.S. Army. They are qualified for enlistment if all other criteria are met. (2) RE-3 applies to Soldiers who are not considered fully qualified for reentry or continuous service at time of separation, but disqualification is waivable. They are ineligible unless a waiver is granted. (3) RE-4 applies to Soldiers who are separated from their last period of service with a nonwaivable disqualification. b. Paragraph 3-24 states that RE codes may be changed only if they are determined to be administratively incorrect. DISCUSSION: 1. The applicant's contention that his RE code should be changed was carefully considered. 2. The evidence of record shows the applicant had lost time (AWOL or confinement) for 14 days from 4 March to 17 March 2009. By regulation, members separated by reason of completion of required active service and have time lost due to AWOL or confinement are assigned an SPD code of "MBK" and an RE code of "3." The SPD and RE codes assigned to the applicant in conjunction with his narrative reason for separation appear to be appropriate and valid per regulatory guidance. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20150015928 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20150015928 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2