ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS


	IN THE CASE OF:  

	BOARD DATE:  26 April 2019

	DOCKET NUMBER:  AR20170019166


APPLICANT REQUESTS:  In effect, correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show he was issued reentry (RE) code "1."

APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: 

* DD Form 293 (Application for the Review of Discharge or Dismissal from the Armed Forces of the United States), dated 14 October 2017 in lieu of 
DD Form 149 (Application for Correction of Military Record Under the Provisions of Title 10, U.S. Code, Section 1552)

FACTS:

1.  The applicant did not file within the three year time frame provided in Title 10, U.S. 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 completed his active duty service with awards and accolades and he never received any disciplinary action.  He recently began the process of being commissioned as a nurse practitioner in the U.S. Army Reserve (USAR) and he was told he has an RE code "3" on his DD Form 214.  He had no action taken against him that should have resulted in him receiving an RE code "3."  He is asking that his RE code be changed so he will be allowed to reenter the Army for service in the USAR.

3.  The applicant enlisted in the Regular Army on 10 April 1992.  

4.  The applicant was honorably discharged on 9 April 1996, under the provisions of Army Regulation 635-200 (Personnel Separations – Enlisted Personnel), chapter 4, due to completion of his required active service.  His DD Form 214 shows in:

* Item 26 (Separation Code), his separation code was "MBK"
* Item 27 (Reentry Code), his RE code was "3"

5.  Army Regulation 601-210 (Active and Reserve Components Enlistment Program) states that prior to discharge or release from active duty, individuals will be assigned RE codes based on their service records or the reason for discharge.  

BOARD DISCUSSION:

After reviewing the application and all supporting documents, the Board determined that relief was warranted.  Based upon the evidence showing that the applicant served and was previously discharge with honorable service and no evidence of any incident that would prevent the applicant from continued service, the Board concluded that the current reentry code “3” on the applicant’s DD Form 214 is an error which warrants correction.  For that reason, the Board recommends granting the applicant’s request.

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 amending applicant’s DD Form 214 showing his reentry (RE) code as “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 601-210, chapter 3 prescribes basic eligibility for prior-service applicants for enlistment and includes a list of Armed Forces RE codes.  The RE code "3" applies to persons who have a waivable disqualification. 

3.  Army Regulation 635-5-1 (Separation Program Designator (SPD) Codes) prescribes the specific authorities (regulatory, statutory, or other directives) and reasons for the separation of members from active military service and the separation codes to be used for these stated reasons.  This regulation provides that the separation code "MBK" is the correct code for Soldiers voluntarily separating under Army Regulation 635-200, chapter 4, for completion of their required active service.  It is to be used for Regular Army Soldiers eligible to reenlist or with a Declination of Continued Service Statement (DCSS) in force who are discharged on completion of enlistment. 

4.  The SPD/RE Code Cross Reference Table provides instructions for determining the RE code for Regular Army and Reserve Component Soldiers separated for cause.  This publication shows the separation code "MBK" has a corresponding RE code of "1" or "3."  It instructs the DD Form 214 preparer to enter RE code "3" (disregarding RE code "1") when the separating Soldier's record indicates (for current enlistment period) the Soldier:
* is ineligible for or otherwise denied immediate reenlistment
* has signed a DCSS
* has grade and service criteria in Army Regulation 601-210, paragraph 3-10
* has time lost due to absents without leave (AWOL) or confinement



ABCMR Record of Proceedings (cont)	 AR20170019166


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