ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS


	IN THE CASE OF: 

	BOARD DATE:  29 October 2019

	DOCKET NUMBER:  AR20170014318


APPLICANT REQUESTS:  in effect, his reentry code and/or separation code 
changed on his DD Form 214 (Certificate of Release or Discharge from Active Duty).

APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: 

*	DD Form 149 (Application for Correction of Military Record)
*	DA Form 3286 (Statement for Enlistment)
*	DD Form 214 

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 believes there is an error on his re-entry code (RE) 
and/or his separation code.  He was informed by the Department of Veterans Affairs 
(VA) that his enlistment bonus reads as a medical separation pay and they are 
attempting to recoup that money, including through garnishment.  The codes 
provided state a possible medical ailment; however, he had nothing in his records 
stating he had a medical reason and his DD form 214 states it was by completion of 
service with an honorable discharge.  The separation code and RE code have likely 
been entered in error and are causing the VA to take his enlistment bonus.  He has 
since entered the Reserve component and requests his separation code and RE 
code be changed to RE-1 to reflect his ability to fulfill a military contract since he is 
currently serving.

3.  The applicant provides his statement of enlistment (DA Form 3286), dated 
26 September 2007, which states the applicant enlisted as an infantry recruit under 
an incentive program with a bonus amount of $29,000.00 and an enlistment term of 
4 years and 13 weeks. 

4.  A review of the applicant’s service record shows:
	a.  Having had prior service, he enlisted in the Regular Army on 26 September 
2007.

	b.   He served in Afghanistan from 17 February 2009 to 16 February 2010.  His 
military occupational specialty (MOS) is listed as 11B, Infantryman, on his Enlisted 
Record Brief throughout his term of service.

	c.  He was honorably discharged on 25 December 2011.  His DD Form 214 
shows he completed 4 years and 3 months of active service.  It also shows:

*	Block 11 (Primary Specialty) – 11B1P Infantryman
*	Block 18 (Remarks) – Separation Pay - $28,841.16, member has 
completed first full term of service
*	Block 26 (Separation Code) – JBK
*	Block 27 (Reentry Code) – 3

4.  By regulation,

	a.  Army Regulation (AR) 601-210, states reentry codes are used for 
administrative purposes only and are not considered derogatory in nature; they are 
codes used for identification of an enlistment processing procedure.  

*	RE-1 applies to persons completing their term of active service who are 
considered qualified to reenter the U.S. Army.  Qualified for enlistment if 
all other criteria are met.
*	RE-3 applies to persons not considered fully qualified for reentry or 
continuous service at time of separation, but disqualification can be 
waived.  Ineligible unless a waiver is granted.  

   b.  AR 635-5-1, enlisted Soldiers receive separation codes in accordance with 
the guidelines published for separations per Army Regulation 635-200 (Active Duty 
Enlisted Administrative Separations), for separations under Chapter 4 they are 
assigned Separation Code JBK – completion of required active service.  The RE 
Code associated with this Separation Code is RE-3.

	c.  AR 635-5, 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 information entered thereon reflects the conditions as 
they existed at the time of separation.



BOARD DISCUSSION:

After reviewing the application and all supporting documents, the Board found relief 
was not warranted.  The Separation Code is JBK which means completion of 
required service.  Based upon the facts and circumstances of the applicant’s 
separation, the Board concluded there is no error with that code.  Separation Code 
JBK has a corresponding RE Code of 3.  Neither the Separation Code nor the RE 
Code are in error.  Board members voted to deny.  

The Board wished to inform the applicant that if the applicant can fully explain what 
is being recouped and why, and explain what the error is, he may reapply to this 
Board. 

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 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 601-210 (Active and Reserve Components Enlistment Program) 
states reentry codes are used for administrative purposes only and are not 
considered derogatory in nature; they are codes used for identification of an 
enlistment processing procedure.  

	a.  RE-1 applies to persons completing their term of active service who are 
considered qualified to reenter the U.S. Army.  Qualified for enlistment if all other 
criteria are met.

	b.  RE-3 applies to persons not considered fully qualified for reentry or 
continuous service at time of separation, but disqualification can be waived.  
Ineligible unless a waiver is granted.  

3.  Army Regulation 635-5-1 (Separation Program Designation Codes) provides 
separation program designator (SPD) codes are three-character alphabetic 
combinations that identify reasons for, and types of, separation from active duty. 
Table 2-3 lists the SPD codes applicable to enlisted personnel and for completion of 
required active service, SPD Code JBK is assigned.

4.  Army Regulation 635-5 (Separation Documents) 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 information 
entered thereon reflects the conditions as they existed at the time of separation.

NOTHING FOLLOWS

ABCMR Record of Proceedings (cont)	 AR20170014318

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