IN THE CASE OF: BOARD DATE: 14 July 2022 DOCKET NUMBER: AR20220000952 APPLICANT REQUESTS: in effect, correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show his reentry (RE) code as RE-1 instead of RE-3. APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * ACTS online applicants in lieu of DD Form 149 (Application for Correction of Military Record), 9 November 2021 * DA Form 4187 (Personnel Action), 20 February 2018 * DD Form 214, 4 February 2021 FACTS: 1. The applicant states there is no reason his RE code should be 3. 2. On 8 March 2017, the applicant enlisted in the U.S. Army Reserve (USAR) under the Delayed Entry Program (DEP) for a period of 8 years, of which 3 years and 27 weeks was considered an Active Duty (AD) obligation and 4 years and 25 weeks would be served in the USAR Component. 3. On 31 July 2017, he was discharged from the DEP and enlisted in the Regular Army for 3 years and 27 weeks. 4. Orders issued by U.S. Army Installation Management Command, Headquarters, U.S. Army Garrison, Fort Drum, NY, released him from active duty, not by reason of physical disability and reassigned him to U.S. Army transition point for separation processing with a release from AD date of 4 February 2021. It further shows his terminal date of Reserve obligation would end on 7 March 2025. 5. On 4 February 2021, he was honorably released from active duty in the rank/grade of private first class (PFC)/E-3. He was transferred to control of the USAR Control Group (Reinforcement). His DD Form 214 shows he completed 3 years, 6 months, and 4 days. It also shows in: * Block 18 (Remarks) – Member has completed first full term of service * Block 23 (Type of Separation) – Release from Active Duty * Block 24 (Character of Service) – Honorable * Block 25 (Separation Authority) – Army Regulation 635-200, Chapter 4 * Block 26 (Separation Code) – MBK * Block 27 (Reentry Code) – 3 * Block 28 (Narrative Reason for Separation) – Completion of Required Active Service * Block 29 (Dates of Lost Time During this Period) – none. 6. The applicant's enlisted record brief shows: a. In Section III (Service Data): * Reenlistment eligibility prohibition code of 9B (ineligible to reenlist due to adverse action) * He was promoted to specialist on 1 May 2019 * He was reduced to private first class from specialist on 24 June 2020 b. In Section IV (Personal/Family Data) – in March 2020 he did not pass the Army Physical Fitness Test (APFT), because he achieved a score of 173 (a score of 180 is required). 7. He provided a copy of DA Form 4187, 18 February 2020, showing he was assigned to Headquarters and Headquarters Company, 10th Aviation Brigade, Fort Drum, NY, with a reporting date of 18 February 2020. BOARD DISCUSSION: 1. After reviewing the application, all supporting documents, and the evidence found within the military record, the Board found relief is warranted. 2. Although the applicant’s record indicates there may be reasons the applicant would require a waiver to reenlist, the Board found he did complete his term of service honorably and found his contention has merit. The Board determined the applicant’s RE code should be changed to 1. 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 his DD Form 214 to show his reentry 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. Army Regulation 635-200, in effect at the time, set policies, standards and procedures to ensure the readiness and competency of the force while providing for the orderly administrative separation of Soldiers for a variety of reasons. a. Chapter 1, paragraph 35 provides: * to retain mobilization assets, eligible and qualified active Army Soldiers who have a statutory (10 USC 651) or contractual military service obligation (MSO) will be transferred to the IRR upon completion of their active duty service * Regular Army Soldiers will be transferred to the IRR to complete their statutory or contractual MSO, whichever expires later * RC Soldiers will be transferred to the IRR to complete their statutory MSO b. Chapter 4 provides a Soldier will be separated upon expiration of enlistment or fulfillment of service obligation. c. Paragraph 4-2 provides Personnel released from AD and transferred to the USAR upon completion of the term of service for which ordered into active Federal service, or released to their Reserve Component upon completion of AD. These Soldiers will not be discharged until completion of their reserve obligation. 2. Army Regulation 635-5-1 (Personnel Separations – Separation Program Designators), now in effect, lists the specific authorities, regulatory, statutory, or other directive, and reasons for separation from active duty, active duty for training, or full time training duty. The separation program designator "MBK" corresponds to "Completion of Required Active Service," and the authority, Army Regulation 635-200, Chapter 4. 3. Army Regulation 601-210 (Regular Army and Reserve Components Enlistment Program) covers eligibility criteria, policies, and procedures for enlistment 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 table of U.S. Army reentry eligibility (RE) codes. * RE-1 applies to persons completing an initial term of active service who are considered qualified to reenter the U.S. Army if all other criteria are met * RE-3 applies persons who are not considered fully qualified for reentry or continuous service at the time of separation, but disqualification is waivable 4. Army Regulation 350-1 (Army Training and Leader Development), in effect on 10 December 2017, prescribes policies, procedures, and responsibilities for developing, managing, and conducting Army training and leader development. a. Paragraph 3-13 provides policy concerning physical readiness and body fat standards applicable to institutional training. All Soldiers attending institutional training courses are expected to meet the physical readiness standards of this regulation and body fat standards in accordance with AR 600–9. Soldiers flagged for Army Physical Fitness Test (APFT) failure or body fat composition will not be selected, scheduled, or attend institutional training. Once Soldiers meet standards, they will be considered eligible for military schools and institutional training courses. b. Section II provides guidance for other Army training programs an selected personnel mandatory training requirements. (1) Subparagraph F-5k provides Soldiers must take a record APFT every 6 months for RA and AGR Soldiers, and annually for all other USAR and ARNG Soldiers. If a Soldier fails a record APFT, commanders may allow Soldiers to retake the test as soon as the Soldier and commander feel the Soldier is ready to test (not to exceed 90 days). A repetitive APFT failure occurs when a Soldier fails a record test, is provided adequate time and assistance to condition (not to exceed 90 days), and fails again. Soldiers without medical profiles that fail a retest or fail to take the APFT with no authorized waiver within the required time will be barred from re-enlistment or processed for separation from the service. Provisions for separation are in AR 600–8– 24 (for officers) or AR 635–200 (for enlisted Soldiers) and counterpart ARNG and USAR regulations. (2) Subparagraph F-5(l) provides the APFT consists of pushups, sit-ups, and a 2-mile run, conducted in that order on the same day. To be considered a record test, these events must be completed within two hours from the start of the pushup event until completion of the 2-mile run or alternate aerobic event. (Repetition and time guidelines are located on DA Form 705, (APFT Scorecard and FM 7–22, appendix A). Record APFT scores will be annotated on a DA Form 705, APFT Scorecard. For Soldiers on a permanent profile or an extended temporary profile (more than three months), a record test must include an aerobic event. (3) Subparagraph F-5(l)(6) provides all Soldiers must attain a score of at least 60 points on each test event or receive a “GO” on the alternate aerobic event. If a Soldier does not attain a minimum of 60 points in each event or a “GO” on an alternate aerobic event, the Soldier is an event failure. When a Soldier fails one or more events, the Soldier is a test failure. //NOTHING FOLLOWS// ABCMR Record of Proceedings (cont) AR20220000952 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1