ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS IN THE CASE OF: . BOARD DATE: 28 August 2019 DOCKET NUMBER: AR20170000516 APPLICANT REQUESTS: upgrade reentry (RE) code from RE 03 to RE 01. APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: DD Form 293 (Application for the Review of Discharge). 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 he was discharged from the service under honorable conditions and he is attempting to get back into the Army. His discharge paperwork shows he should have received RE code 01, but his DD Form 214 (Certificate of Release or Discharge) shows his RE code as “03.” He is requesting that his RE code be upgraded to RE 01. 3. A review of the applicant’s service record shows: a. He enlisted in the Regular Army (RA) on 2 October 2000. b. He was release from the RA on 20 December 2003 and reassigned to the United States Army Reserve (USAR) Control Group (Reinforcement) with an honorable characterization of service for Completion of Required Active Service. His DD Form 214 shows he completed 3 years, 2 months, and 19 days of net active service with separation code of MBK and RE code 03. Retained in service for 80 days for the convenience of the government per 10 USC 12305. c. Order number D-10-826585 discharged him from the USAR on 7 October 2008 with an honorable characterization of service. 4. By regulation 635-5, states that separation code MBK (Completion of Required Active Service) can be issued a RE code of 01 or 03. RE code 03 (disregarding RE 01 on table) when the Soldier’s records indicated (for current enlistment period) the Soldier: * ineligible for or otherwise denied immediate reenlistment * has declination of continued service statement * has grade and service criteria in Army Regulation (AR) 601-210, paragraph 3-10 * has lost time due to absent without leave (AWOL) or confinement * has an immediate reenlistment prohibition code (IMPERP) of 9T BOARD DISCUSSION: After reviewing the application and all supporting documents, the Board determined relief was warranted. Based upon the documentary evidence provided by the applicant and found within the military service record, the Board found no justification for the current RE code annotated on the applicant’s DD Form 214. For that reason, the Board recommended granting the change to RE code 01, as requested by the applicant. 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 the Army records of the individual concerned be corrected by reissuing the applicant a DD Form 214 showing his reentry (RE) code as “01.” 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. Army Regulation (AR) 635-200 (Personnel Separations – Enlisted Personnel. In effect at the time, sets policies, standards, and procedures to ensure the readiness and competency of the force while providing for the orderly administrative separation of Soldiers for a variety of reasons. Readiness is promoted by maintaining high 'standards of conduct and performance. Chapter 4 (Separation for Expiration of Service Obligation), states a Soldier will be separated upon expiration of enlistment or fulfillment of service obligation. The Soldier will be discharge upon, and by reason of, having completed the period of service for which enlisted. 3. Army Regulation (AR) 635-5, states that separation code MBK can be issued a reentry (RE) code of 01 or 03. RE code 03 (disregarding RE 01 on table) when the Soldier’s records indicated (for 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 (AR) 601-210, paragraph 3-10 * has lost time due to absent without leave (AWOL) or confinement * has an immediate reenlistment prohibition code (IMPERP) of 9T 4. 10 U.S. Code 12305. Authority of President to suspend certain laws relating to promotion, retirement, and separation: * notwithstanding any other provision of law, during any period members of a reserve component are serving on active duty pursuant to an order to active duty under authority of section 12301, 12302, or 12304 of this title, the President may suspend any provision of law relating to promotion, retirement, or separation applicable to any member of the armed forces who the President determines is essential to the national security of the United States. * a suspension made under the authority of subsection (a) shall terminate (1) upon release from active duty of members of the reserve component ordered to active duty under the authority of section 12301, 12302, or 12304 of this title, as the case may be, or (2) at such time as the President determines the circumstances which required the action of ordering members of the reserve component to active duty no longer exist, whichever is earlier. ABCMR Record of Proceedings (cont) AR20170000516 3 1