BOARD DATE: 26 April 2018 DOCKET NUMBER: AR20160008485 BOARD VOTE: Mbr 1 Mbr 2 Mbr 3 : : : 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: 26 April 2018 DOCKET NUMBER: AR20160008485 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) by: * changing the address in items 19a (Mailing Address After Separation) and 19b (Nearest Relative) to an address in Harker Heights, TX * changing the entry item 27 (Reentry (RE) Code) from “4R” to “NA” 2. The applicant states: * his RE code is unjust; it looks like a negative disqualifier for employment by the Texas Department of Public Safety (TDPS) * he has completed an application to become a state trooper and they are associating his RE code of 4R with codes 4 and 4A * he is also asking for a change of the address to the current address 3. The applicant provides: * TDPS webpage listing guidelines for review of military discharges * Residential Lease CONSIDERATION OF EVIDENCE: 1. The applicant enlisted in the Regular Army on 12 October 1994. 2. He retired on 31 October 2014 and he was placed on the Retired List in his retired rank/grade of sergeant first class/E-7 on 1 November 2014. He completed 20 years and 19 days of active service. The DD Form 214 he was issued shows the following entries: * item 19a – his mailing address after separation as an address in El Paso, TX * item 19b – the name of his nearest relative and an address in El Paso, TX * item 26 (Separation Code) – RBD * item 27 – RE-4R 3. He provides: * TDPS webpage listing guidelines for review of military discharges, which states applicants with a RE code 4 will be rejected and the application process will be discontinued * Residential Lease, dated 12 August 2015, listing an address in Harker Heights, TX REFERENCE: 1. Army Regulation (AR) 635-8 (Separation Processing and Documents) prescribes policy and procedural guidance relating to transition management. Chapter 5 provides for the preparation of the DD Form 214. It states the DD Form 214 is a summary of the Soldier’s most recent period of continuous active duty. It provides a brief, clear-cut record of all current active, prior active, and prior inactive duty service at the time of release from active duty, retirement, or discharge. The DD Form 214 is not intended to have any legal effect on termination of a Soldier’s service. The instructions for completing each block provides that: a. For Block 19a (Mailing Address After Separation), the data source is as provided by the Soldier. This address must be a permanent address. Enter street address, city, state, and zip code. For Block 19b (Nearest Relative), the data source is as provided by the Soldier. Advise the Soldier that the name and address of a relative should be someone who will know Soldier’s location and address at all times. When a relative is not available list a close friend. Enter name, street address, city, state, and zip code. b. The Separation Code entered in block 26 is obtained from AR 635–5–1 (Separation Program Designators (SPD)), which provides the corresponding SPD code for the regulatory authority and reason for separation. c. AR 601–210 (Active and Reserve Components Enlistment Program) determines reentry eligibility and provides regulatory guidance on reentry codes recorded in block 27 of the DD Form 214. These codes are not applicable to officers, USMA cadets who fail to graduate, or to Reserve Component Soldiers being separated for other than cause. 2. AR 601-210 covers eligibility criteria, policies, and procedures for enlistment and processing into the RA and the U.S. Army Reserve. Table 3-1 included a list of the RA RE codes. * RE–1 applies to persons who completed an initial term of active service who were fully qualified for enlistment when separated * RE-3 applies to persons who were not qualified for reentry or continuous service at the time of separation, but the disqualification was waivable * RE-4 applies to Soldiers separated from last period of service with a nonwaivable disqualification (RE-4R is used for retirees) 3. AR 635-5-1 states SPD codes are three-character alphabetic combinations which identify reasons for, and types of, separation from active duty. At the time of the applicant's separation, the code "RBD" was used in the cases of a voluntary retirement for sufficient service. 4. The SPD/RE Code Cross Reference Table, applicable at the time of the applicant's retirement, provides instructions for determining the RE code for Active Army Soldiers and Reserve Component Soldiers. This cross reference table shows the SPD code and the corresponding RE code. It states that an SPD Code of RBD has a corresponding RE code of "4R." DISCUSSION: The DD Form 214 captures a member's most recent period of continuous active duty and provides a record of all current active, prior active, and prior inactive duty service at the time of release from active duty, retirement, or discharge. a. The entries pertaining to the mailing address and nearest relative after separation are provided by the Soldier to the official preparing the DD Form 214. The applicant appears to have provided the permanent mailing address and the name that are shown in items 19a and 19b of his DD Form 214. b. Absent convincing independent and verifiable evidence to the contrary it is presumed that the applicant's mailing address and the address of the nearest relative listed on his DD Form 214 were correct at the time they were entered on the form. A change in address at a later date is not normally a basis for correcting these entries. c. The applicant retired from active duty on 31 October 2014 by reason of having completed sufficient active service for retirement. Upon his retirement, he was assigned SPD Code RBD and RE code 4. RE code 4 was the appropriate code for the applicant based on the guidance provided in applicable regulation for Soldiers retiring for sufficient service. The RE code entered on his DD Form 214 was consistent with the reason and authority for his separation. d. An RE code entry of "NA" applies only to officers, USMA cadets who fail to graduate, or to Reserve Component Soldiers being separated for other than cause. The applicant did not fall into these categories. There is no error in the RE code he was assigned. BOARD DATE: 26 April 2018 DOCKET NUMBER: AR20160008485 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. 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. //NOTHING FOLLOWS// ABCMR Record of Proceedings (cont) AR20160008485 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20160008485 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2