BOARD DATE: 3 April 2020 DOCKET NUMBER: AR20190005565 APPLICANT REQUESTS: correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to change his reentry eligibility (RE) code from "3" to "1." APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * DD Form 214 FACTS: 1. The applicant states, in effect, his separation program designator (SPD) code is listed as MBK. According to Army Regulation 635-5-1 (SPD Codes), the code is to be used for Regular Army (RA) Soldiers eligible to reenlist who served until their expiration term of service with a corresponding RE code of 1. It is also used for Soldiers with a declination of continued service statement (DCSS) in force who are discharged upon completion of their enlistment with a corresponding RE code of 3. The applicant claims he did not sign a DCSS. 2. The applicant enlisted in the RA on 20 July 2015. 3. The applicant's Enlisted Record Brief (ERB), dated 1 February 2019, contains the following entries/information: a. The applicant's date of birth is , making him 22 years old on the date the ERB was prepared. The applicant was 66 inches tall and he weighed 198 pounds, which shows he exceeded the maximum height and weight authorization of 163 pounds authorized in Army Regulation 600- (The Army Weight Control Program). b. The form shows the applicant's last APFT occurred in April 2018, he received a passing score of 204 points, however, this form also shows he has a reenlistment eligibility prohibition code of "9E," denoting Physical Readiness, and a suspension of favorable personnel action (FLAG), initiated on 26 April 2018, which lists his flag code as JA. (1) J – denotes Army Physical Fitness Test (APFT) Failure (2) A – denotes Initial Report 4. The applicant's record does not contain an APFT card showing he failed the APFT nor or was there any documentation in his record to show he failed the height weight standards; however, these documents are not usually filed in the applicants Official Military Personnel File. His ERB is the only evidence of record that indicate he was flagged, he failed the APFT, or that he exceeded the weight standards for his age and height. 5. On 31 January 2019, the applicant was released from active duty upon completion of 3 years, 6 months and 11 days of active duty service, and transferred to U.S. Army Reserve (USAR) Control Group (Reinforcement) for the completion of his statutory obligation. At the time of his release, he held the rank/pay grade of specialist (SPC)/E-4. His DD Form 214 contains the following pertinent information in the items indicated: a. 18 (Remarks), he completed his first full term of service; b. 24 (Character of Service), Honorable; c. 25 (Separation Authority), Army Regulation 635-200 (Active Duty Enlisted Administrative Separations), Chapter 4; d. 26 (Separation Code), he was assigned a Separation Program Designator (SPD) code of MBK; e. 27 (Reentry Code), he was assigned an RE code of 3; f. 28 (Narrative Reason for Separation), Completion of Required Active Service; and g. 29 (Dates of Time Lost During this Period), None. 6. Army Regulation 600-8-2 (Suspension of Favorable Personnel Actions (FLAG)), chapter 3 (Prohibitions and Retention of Flag Personnel), paragraph 3-1 (Actions prohibited by a flag), states a properly imposed flag prohibits reenlistment. 7. Army Regulation 635-5-1 (Separation Program Designator Codes) provides that the SPD code MBK is the appropriate code to assign to Regular Army Soldiers who are separated on completion of enlistment under the provisions of Army Regulation 635-200, chapter 4 due to completion of enlistment and transferred to the Reserve components to complete their military service obligation. The SPD/RE Code Cross Reference Table indicates that the proper code to assign members separated with SPD code MBK, when they are ineligible for or otherwise denied immediate reenlistment, is an RE code of 3. BOARD DISCUSSION: 1. The Board carefully considered the applicant’s request, supporting documents and evidence in the records. The Board considered the applicant’s statement, his record of service, the entries on his Enlisted Records Brief, the reason for his separation and the SPD/RE code his was assigned. The Board found that his ERB supported the presence of a suspension of favorable personnel actions (flag) at the time of his separation that would have made him ineligible for reenlistment. The Board further found that the RE code the applicant was assigned allows him to re-enter service with a waiver. Based on a preponderance of evidence, the Board determined that the separation code and reenlistment code the applicant was assigned upon separation were not in error or unjust. 2. After reviewing the application and all supporting documents, the Board found that relief was not warranted. 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. Army Regulation 635-200 sets forth the basic authority for the separation of enlisted personnel. Chapter 4 of this regulation provides a Soldier enlisted or ordered to active duty will be discharged or release from active duty on the date he/she completes the period for which enlisted or ordered to active duty. It also 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. 2. Army Regulation 600-8-2 (Suspension of Favorable Personnel Actions (FLAG)) prescribes Army policy for the suspension of favorable personnel actions (Flag) function of the military personnel system. It is linked to Army Regulation 600–8 (Military Personnel Management) and provides principles of support, standards of service, and policies regarding the initiation, transfer, removal, and management of Flags. a. Chapter 2 (Policy and Management of Flags), paragraph 2-1 (General Policy) states, the purpose of a flag is to prevent and/or preclude the exception of favorable actions to a Soldier who may be in an unfavorable status in his or her current unit or location until cleared of ongoing actions. Flags are classified into two categories depending on the specific action or investigation: Nontransferrable – the flagged Soldier may not be transferred to another unit; and Transferrable – the flagged Solder may be transferred to another unit. b. Chapter 2, paragraph 2-3 (Circumstance requiring a transferrable flag) states, the specific actions listed below require initiation of a transferrable flag and include APFT failure (Flag code J). Initiate a Flag when a Soldier fails a record APFT or when, through the Soldier’s fault as determined by the commander, the Soldier fails to take the APFT within the time prescribed by existing regulations, or when directed by the commanding officer. Soldiers with a profile effective after the APFT will remain flagged until a record APFT is passed. [Note: a second code of A indicates an initial report.] c. Chapter 3 (Prohibitions and Retention of Flag Personnel), paragraph 3-1 (Actions prohibited by a flag), states a properly imposed flag prohibits the following personnel actions unless otherwise specified: * appointment * reappointment * reenlistment * extension 3. Army Regulation 601-210 (Regular Army and Army Reserve Enlistment Program) covers eligibility criteria, policies, and procedures for enlistment and processing into the RA and the USAR. Table 3-1 includes a list of the RA RE codes. An 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. An RE-3 applies to Soldiers who are not considered fully qualified for reentry or continuous service at time of separation, but the disqualification is waivable. However, those individuals are ineligible unless a waiver is granted. 4. Army Regulation 635-5-1 (Separation Program Designator Codes) provides that the SPD code MBK is the appropriate code to assign to Soldiers voluntarily released from active duty upon completion of required active service and that this code is to be used for RA Soldiers are separated on completion of enlistment under the provisions of Army Regulation 635-200, chapter 4 due to completion of enlistment and transferred to the Reserve components to complete their military service obligation. The SPD/RE Code Cross Reference Table indicates that RE code 1 or 3 is the proper code to assign members separated with SPD code MBK unless the Soldier's record indicates one of the following conditions, which would warrant assigning an RE code of 3: a. Is ineligible for or otherwise denied immediate reenlistment. b. Has a DCSS. c. Has Retention Control Point grade and service criteria in Army Regulation 601- 210, paragraph 3-10. d. Has time lost due to absence without leave or confinement. 5. The presumption of administrative regularity in the conduct of governmental affairs can be applied to any review unless there is substantial creditable evidence to rebut the presumption. In this instance, the "presumption of regularity" is based on Army Regulation 15-185 (Army Board for Correction of Military Records (ABCMR)) which states the ABCMR begins its consideration of each case with the presumption of administrative regularity and that the applicant has the burden of proving an error or injustice by a preponderance of the evidence. //NOTHING FOLLOWS// ABCMR Record of Proceedings (cont) AR20190005565 6 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1