IN THE CASE OF: BOARD DATE: 6 October 2021 DOCKET NUMBER: AR20200010231 APPLICANT REQUESTS: change his Reentry (RE) Code from RE-3 to RE-1. APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * Personal Statement * DD Form 214 (Certificate of Release or Discharge from Active Duty), * Enlisted Record Brief, 2 March 2018 * Memorandum, Subject: Appointment of Investigating Officer, 17 March 2017 * Memorandum, U.S. Army Recruiting Command, 3 May 2018 FACTS: 1. The applicant states he is writing this letter to rebut his RE Code. a. He was separated honorably with a separation code of KBK which is end of service. During his last assignment, he was in Recruiting Command. In March 2017, he fell under investigation for the OPAT (Occupational Physical Assessment Test) test along with around 250 other Non Commissioned officers (NCOs). During this time, he has a signed memo at that time of the investigation stating that the entire investigation was supposed to be closed out and completed within 30 days. It was not, during his last year in the Army, he was flagged and kept in the dark about his entire investigations along with countless other NCOs in his company. Due to this flag, he was not able to reenlist and thus having to get out of the Army. When the investigators found out he was getting out, they stopped investigating and just let his time run out. b. Also attached is his Enlisted Record Brief showing when he was flagged. He finds this to be unjust and unprofessional that they did not do their due diligence to close out the investigation along with adhering to the memo in a timely fashion. So, he is now writing to the Board to consider changing his RE Code from RE-3 to RE-1 because this was out of his control and if the investigation was done properly and adhered to by the memo, he would have cleared the Army not flagged and should have been able to receive his separation award after 10 years of honorable service with no negative actions against him in those 10 years and serving 2 combat deployments while receiving combat awards. 2. The applicant provides: a. Letter, incomplete/missing additional pages, dated 17 March 2017, from the U.S. Army Recruiting Command to an individual named Mr. appointing him as Investigating Officer (IO) pursuant to Army Regulation (AR) 15-6, Procedures for Administrative Investigations and Boards of Officers, with three other assistants, to conduct an investigation into the facts and circumstances surrounding allegations of testing irregularities concerning the Occupational Physical Assessment Test (OPAT) taken by Recruits reporting to Fort Benning, GA. Specifically address each allegation of OPAT irregularity identified, identify systemic issues concerning the administration of the OPAT, and make recommendations to ensure the integrity of the OPAT. b. Letter, dated 3 May 2019, from the U.S. Army Recruiting Command to the Commander, Los Angeles Recruiting Battalion. The letter states the applicant was discharged on 20180301 for Completion of Required Active Service with Separation Program Designator (SPD) Code KBK and RE Code 3. However, there are no documents on file at the National Personnel Records Center to verify the issuance of the said RE-Code. The applicant' Enlisted Record Brief (ERB), dated 20180302, reflects a reenlistment eligibility code of 9B. Per Policy Message 17-03 (C1), dated 3 Oct 2016, 9B is issued for Adverse Action Flag and SM was flagged for Commander's Investigation on 20170505. 3. Review of the applicant's service records shows: a. He enlisted in the Regular Army on 20 February 2008 and held an infantry military occupational specialty (MOS). He reenlisted in the Regular Army multiple times, the last of which was on 2 March 2014 for 4 years. b. He served in a variety of stateside or overseas assignments, including combat tours in Iraq, and he attained the rank/grade of staff sergeant (SSG)/E-6. c. The applicant's Enlisted Record Brief, dated 2 March 2018 shows in Section I, Assignment Information, he had a FLAG Code LA (Commander's Investigation) and in Section III, Service Data, he had a Reenlistment Eligibility Code of 9B (Ineligible to reenlist because of an Adverse Action FLAG). d. He was honorably discharged from active duty on 1 March 2018, in accordance with chapter 4 of Army Regulation (AR) 635-200 (Active Duty Enlisted Administrative Separations), after having completed 10 years and 12 days of active service. His DD Form 214 shows in: * Block 26 (Separation Code) -KBK * Block 27 (RE Code) - RE-3 4. After his discharge from active duty: a. The applicant enlisted in the U.S. Army Reserve on 11 July 2019 for 3 years. He completed various phases of training for MOS 38B, Civil Affairs Specialist. b. He reenlisted indefinitely in the U.S. Army Reserve on 28 August 2021. He continues to serve as a Civil Affairs Specialist with the 426th Civil Affairs Battalion, a troop program unit of the U.S. Army Reserve. 5. By regulation (AR 635-5-1), Separation Code KBK is assigned to enlisted Soldiers, voluntarily discharged, under chapter 4 of AR 635-200, due to completion of required active service. The SPD Code/RE Code Cross Reference Table shows that a Soldier assigned an SPD Code of "KBK" will be assigned an RE Code of 3. 6. By regulation (AR 680-201), Chapter 3 prescribes basic eligibility for prior-service applicants for enlistment and includes a list of Armed Forces RE codes. * RE-1 applies to persons who completed an initial term of active service who were fully qualified for enlistment when separated * RE-3 applies to persons who were not qualified for reentry or continuous service at the time of separation, but the disqualification is waivable BOARD DISCUSSION: After reviewing the application, all supporting documents, and the evidence found within the military record, the Board determined that relief was not warranted. The Board carefully considered applicant’s contentions, military record, and regulatory guidance. Documentation shows that applicant was properly and equitably discharged due to the completion of his required period service. Based on the preponderance of evidence available for review, the Board determined the evidence presented insufficient to warrant a recommendation for relief. BOARD VOTE: Mbr 1 Mbr 2 Mbr 3 : : : GRANT FULL RELIEF : : : GRANT PARTIAL RELIEF :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 635-5-1 (Separation Program Designator (SPD) Codes) provides the specific authorities (regulatory or directive), reasons for separating Soldiers from active duty, and the SPD codes to be entered on the DD Form 214. It identifies the SPD code of "KBK" as the appropriate code to assign enlisted Soldiers who are discharged under the provisions of chapter 4 of Army Regulation 635-200, for completion of required active service. 2. The SPD/RE Code Cross Reference Table provides instructions for determining the RE code for Active Army and Reserve Component Soldiers and shows the SPD code and its corresponding RE code. The SPD Code/RE Code Cross Reference Table shows that a Soldier assigned an SPD Code of "KBK" will be assigned an RE Code of 3. 3. Army Regulation 601-210 (Active and Reserve Components Enlistment Program) covers eligibility criteria, policies, and procedures for enlistment and processing into the Regular Army, U.S. Army Reserve, and Army National Guard. Chapter 3 prescribes basic eligibility for prior-service applicants for enlistment and includes a list of Armed Forces RE codes. * RE-1 applies to persons who completed an initial term of active service who were fully qualified for enlistment when separated * RE-3 applies to persons who were not qualified for reentry or continuous service at the time of separation, but the disqualification is waivable //NOTHING FOLLOWS// ABCMR Record of Proceedings (cont) AR20200010231 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1