ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 25 April 2019 DOCKET NUMBER: AR20160014976 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: * a change to his RE code will allow him to reenlist in the military * he believes that he is fit for service and should be allowed to reenlist 3. Review of the applicant's service records show: a. The applicant enlisted in the Regular Army on 12 July 2005. He was promoted to E-5 in October 2010. b. He received UCMJ (Uniform Code of Military Justice) action for repeated incidents of failing to report to work force and lack of initiative and motivation. He was reduced to private first class (PFC)/E-3 on 29 December 2011. c. The applicant was discharged from the Army on 17 March 2013 with entitlement to separation pay. His DD Form 214 shows his rank/grade at the time of separation as PFC/E-4 and that he completed 7 years, 8 months, and 6 days of active service. It also shows in: * Item 25 (Separation Authority), Army Regulation (AR) 635-200 (Active Duty Enlisted Administrative Separations), Chapter 4 * Item 26 (Separation Code), JBK * Item 27 (Reentry (RE) Code), 3 * Item 28 (Narrative Reason for Separation), Completion of Required Active Service 4. By regulation (AR 601-210), Active and Reserve Components Enlistment Program, provides that: a. If an applicant is eligible to enlist with or without a waiver or grade determination, then the term of enlistment when added to previous Active Federal Service (FS) will not exceed 8 years in the enlistment grades of PV1 - PFC. At the time of discharge, the applicant completed 7 years, 8 months, and 6 days of active service as a PFC/E-3. b. RE code 3 applies to persons who are not qualified for reentry or continuous service at the time of separation, but the disqualification is waivable. He is advised that if he desires to reenter military service, he should contact a local recruiter who can best advise him on his eligibility for returning to military service. Those individuals can best advise a former service member as to the needs of the service at the time and are responsible for processing requests for enlistment waivers. 5. By regulation, Soldiers separated under AR 635-200, paragraph 4, completion of active duty service, are assigned Separation Code JBK. The RE Code associated with this Separation Code is RE-3. BOARD DISCUSSION: After reviewing the application and all supporting documents, the Board determined that relief was warranted. Based upon the type of misconduct within the service record and the command allowing the applicant to continue service and complete his entire term of service, the Board concluded that clemency was warranted by rising the reentry code of the applicant to RE-1. BOARD VOTE: Mbr 1 Mbr 2 Mbr 3 X X X GRANT FULL RELIEF : : : GRANT PARTIAL RELIEF : : : GRANT FORMAL HEARING : : : DENY APPLICATION BOARD DETERMINATION/RECOMMENDATION: The Board determined the evidence presented is sufficient to warrant a recommendation for relief. As a result, the Board recommends that all Department of Army records of the individual concerned be corrected by amending his DD Form 214 by changing his reentry code (RE) to “1”. 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 601-210 (Active and Reserve Components Enlistment Program) governs eligibility criteria, policies, and procedures for enlistment and processing into the Regular Army, U.S. Army Reserve, and Army National Guard. Chapter 3 prescribes the basic eligibility for prior-service applicants for enlistment and includes a list of Armed Forces RE codes. a. Paragraph 3-10 states, if an applicant is eligible to enlist with or without a waiver or grade determination, then the term of enlistment when added to previous Active Federal Service (AFS) will not exceed the criteria below as indicated for each enlistment grade. (1) PV1-PFC, not more than 8 years AFS. (2) Specialist (SPC), not more than 10 years AFS. (3) Sergeant (SGT), not more than 15 years AFS. (4) Staff Sergeant (SSG), not more than 22 years AFS. b. Paragraph 3-21 states, the following RE codes are used for administrative purposes and applicants should be advised that these codes are not to be considered derogatory in nature; they simply are codes used for identification of an enlistment processing procedure. (1) RE code 1 applies to persons who completed an initial term of active service who were fully qualified for enlistment when separated. (2) RE code 3 applies to persons who are not qualified for reentry or continuous service at the time of separation, but the disqualification is waivable. (3) RE code 4 applies to persons separated from their last period of service with a non-waivable disqualification. 3. AR 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. a. The SPD code JBK is the appropriate code to assign to Soldiers separated due to completion of active duty service. b. The SPD/RE Code Cross Reference Table reflects that members who are given an SPD code of JBK will be assigned an RE code 3. ABCMR Record of Proceedings (cont) AR20160014976 3 1