ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 12 November 2019 DOCKET NUMBER: AR20170009887 APPLICANT REQUESTS: An upgrade of his reentry eligibility (RE) code from RE-3 to RE-1 and his separation authority be changed. 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) * Separation Orders 004-0029 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 (ABCMR) 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 successfully completed his 4 year term as a regular enlisted soldier and was honorably released from active duty upon his expiration term of service (ETS) as an E-4/ Specialist. He never in his military career has he been enlisted under the Army Guard Reserve (AGR). The code combination suggest he was an involuntarily separated AGR soldier which would not be true at all. It is preventing him from rejoining the Army and he would like his code fixed to be eligible once again. His separation code of LGH states he didn’t meet the minimum standards of service but yet he completed his contract out fully without any issues. He should not have been wrongfully given these codes or at the very least be punished for someone else’s error. He wants to be given the correct codes so he can enlist to serve his country again. 3. The applicant provided a. A copy of his DD Form 214, which shows in item 26 Separation code - LGH, item 27 reentry code - 3 and item 28 Narrative Reason for Separation – Non- Retention on Active Duty. b. A copy of his separation orders 004-0029 which shows his release from active duty was effective on 3 February 2013, and his reserve obligation ends on 9 January 2017. 4. A review of the applicant’s service records shows: a. He enlisted in the Regular Army (RA) on 4 February 2009 for 4 years. c. On 3 February 2013, he was released from active duty. He completed 4 years of active service. His DD Form 214 shows in: * Item 23 (Type of Separation) – Release from Active Duty * Item 24 (Character of Service) – Honorable * Item 25 (Separation Authority) – Army Regulation 635-200, chapter 5-15A (2) * Item 26 (Separation Code) – LGH * Item 27 (Reentry Code) – 3 * Item 28 (Narrative Reason for Separation) – Non-Retention on Active Duty c. Order 004-0029, assigned the applicant to United States Army Reserve (USAR) Control Group, 1600 Spearhead Division Ave, Fort Knox, KY on the date following his release from active duty. 5. By regulation AR 635-5 (Separation Documents), the DD Form 214 will be annotated for item 27 (Reenlistment Code) IAW AR 601–210 (Regular Army and Army Reserve Enlistment Program). Soldiers separating due to a declination of continued service statement are assigned separation code LGH. The RE code associated with this type of discharge is RE-3. The Army does not use RE-2. 6. By regulation AR 635-200 (Active Duty Enlisted Administrative Separations), USAR or AGR soldiers serving on an initial tour as recruiters (that is, are on an initial AGR tour having entered the AGR program for the purpose of recruiting) may be involuntarily released from active duty when a determination has been made that thy are unqualified, ineffective, or unsuitable for continued recruiting duty, and that early release in in the best interest of the Government. BOARD DISCUSSION: After reviewing the application and all supporting documents, the Board found relief was warranted. Based upon the documentary evidence provided by the applicant and found within his military service record, the Board concluded that an administrative error must have occurred in preparing the applicant’s DD Form 214 because the narrative reason and separation code currently reflected on the form are not supported by the facts and circumstances of his separation. As a result, the Board recommended granting relief. 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: 1. 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 amending his DD Form 214 for the period ending 3 February 2013 by: * changing block 26 (Separation Code) from LGH to the proper code that represents the Narrative Reason for Separation with Non-retention on Active Duty * changing block 27 (Reentry Code) from 3 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 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 635-5 (Separation Documents), in effect at the time, prescribed the separation documents that must be prepared for Soldiers on retirement, discharge, or release from active duty service or control of the Active Army. The DD Form 214 is a synopsis of the Soldier's most recent period of continuous active duty. The general instructions stated all available records would be used as a basis for preparation of the DD Form 214. Block 27 (Reenlistment (RE) Code), for the RE Code, AR 601–210 (Regular Army and Army Reserve Enlistment Program) determines Regular Army and U.S. Army Reserves reentry eligibility and provides regulatory guidance on the RE codes. 3. Army Regulation 601-210 (Regular Army (RA) and Reserve Components Enlistment Program) in effect at the time, covers eligibility criteria, policies, and procedures for enlistment and processing into the RA and the United States (U.S.) Army Reserve. Table 3-1 lists the RA RE eligibility codes: a. 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. b. RE-2 is no longer used, effective 1995. c. 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. 4. The SPD/RE Code Cross Reference Table 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. The cross reference table in effect at the time of his discharge states that separation code LGH has a corresponding RE code of "3." 5. Army Regulation 635-200 (Active Duty Enlisted Administrative Separations), in effect at the time, under paragraph 5-15a (2) states: a. General. USAR or ARNGUS AGR soldiers serving tours under 10 USC 12301(d) may be released from active duty for the convenience of the Government, prior to completion of their AGR tour under the following circumstances: (1) AGR soldiers may be voluntarily released from active duty, at their request, when such release is fully justified and determined to be in the best interest of the Army. This provision does not apply to USAR AGR soldiers denied continued service under the Qualitative Management Program (QMP). (See chap 19.) However, those soldiers may request voluntary discharge/release from active duty (REFRAD) in accordance with paragraph 19–13. (2) AGR soldiers serving on an initial tour as recruiters (that is, are on an initial AGR tour having entered the AGR program for the purpose of recruiting) may be involuntarily released from active duty when a determination has been made that they are unqualified, ineffective, or unsuitable for continued recruiting duty, and that early release is in the best interest of the Government. b. Notification. The notification procedure (see chap 2, sec I) will be used for soldiers involuntarily released from active duty under this paragraph. However, the procedure for requesting an administrative board (see para 2–2c (5)) is not applicable. c. Characterization of service. Soldiers released from active duty under this paragraph will be awarded a characterization of service of honorable. d. Authority. Notwithstanding the provisions of paragraph 1–19, only the Chief, National Guard Bureau; the Chief, AR 635–200 • 6 June 2005 53 Army Reserve; the Commander, USA HRC; or higher authority within the office of the Secretary of the Army is authorized to order release from active duty under this paragraph. This authority may not be further delegated. e. Separation under provisions other than this paragraph. This paragraph will not be used as authority for release from AD of an AGR soldier who meets the criteria for separation under other provisions of this regulation. For example, a soldier who has established a pattern of misconduct will be processed for separation under the provisions of chapter 14. NOTHING FOLLOWS ABCMR Record of Proceedings (cont) AR20170009887 3 1