ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS


	IN THE CASE OF:  

	BOARD DATE:  25 April 2019

	DOCKET NUMBER:  AR20160014404


APPLICANT REQUESTS:  a change to his reentry (RE) code. 

APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: 

* DD Form 149 (Application for Correction of Military Record)
* DD Form 214 (Certificate of Release or Discharge from Active Duty) 

FACTS:

1.  The applicant did not file within the three year time frame provided in Title 10, United States Code (USC), section 1552 (b); however, the Army Board for Correction of Military Records conducted a substantive review of this case and determined it is in the interest of justice to excuse the applicant's failure to timely file. 

2.  The applicant states some reservists receive an RE code 1, while others receive a NA.  He has nothing negative in his record; he was awarded the Army Commendation Medal and Army Good Conduct Medal.  He would love to go back on active duty; however, recruiters are not interested in talking with him once they hear of his RE code.  The applicant comes from a family that has served in every major conflict since 1881.  Both his grandfather and great grandfather served in World War II and his father served during the Vietnam Era.  Once his wife joined the Air Force, he got out of the military.  Now that his wife is contemplating joining the Reserve, he would like to rejoin the active Army.  The RE code has made it impossible thus far.

3.  Review of the applicant's service records shows: 

	a.  The applicant enlisted in the U.S. Army Reserve on 1 November 2005.  

	b.  The applicant entered active duty on 29 October 2009 and subsequently served in Afghanistan from January to October 2010.

	c.  The applicant was honorably released from active duty on 4 January 2011 and transferred back to the control of the U.S. Army Reserve..  His DD Form 214 shows he completed 1 year, 2 months, and 6 days of active service.  It also shows in: 
* Item 25 (Separation Authority), Army Regulation (AR) 635-200 (Enlisted Separations  paragraph 4
* Item 26 (Separation Code), MBK
* Item 27 (Reentry (RE) Code), NA
* Item 28 (Narrative Reason for Separation), Completion of Required Active Service 

4.  On 5 November 2013, the applicant was honorably discharged from the U.S. Army Reserve per Orders D-11-319139, issued by U.S. Army Human Resource Command.

5.  By regulation, Soldiers separated under AR 635-200 (Active Duty Enlisted Administrative Separations), paragraph 4 with completion of required active service are assigned a separation program designator (SPD) code MBK.  

6.  AR 635-5 (Separation Documents), states RE codes are not applicable to Reserve Component (RC) Soldiers being separated for other than cause.  

BOARD DISCUSSION:

By regulation, AR 635-5 (Separation Documents), states RE codes are not applicable to Reserve Component (RC) Soldiers being separated for other than cause.  The Board found that no error or injustice present which warranted correction.  The Board found that the applicant is fully eligible for continued active federal service and recommended to the applicant that he use this Record of Proceeding to inform others of his eligibility for reenlistment.  

BOARD VOTE:

Mbr 1	Mbr 2	Mbr 3

:	:	:	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 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.



REFERENCES:
1.  Title 10, USC, section 1552(b), provides that applications for correction of military records must be filed within three 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 three-year statute of limitations if the ABCMR determines it would be in the interest of justice to do so.

2.  AR 635-200, paragraph 4-2d, provides that a Soldier enlisted or ordered to active duty (AD) normally will be discharged or released from AD on the date he/she completes the period for which enlisted or ordered to AD.

3.  AR 635-5 (Separation Documents), paragraph 2-4h (27), states RE codes are not applicable to officers, USMA cadets who fail to graduate or enter USMA from active duty status, or to Reserve Component (RC) Soldiers being separated for other than cause.

4.  AR 635-5-1 (Separation Program Designator (SPD) Codes), Table 2-3, list SPD codes applicable to enlisted personnel.  SPD code MBK indicates the applicant was assigned the code based on his completion of required active service.  


ABCMR Record of Proceedings (cont)	 AR20160014404
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