1. Applicant's Name: a. Application Date: 9 September 2016 b. Date Received: 22 September 2016 c. Counsel: None 2. REQUEST, ISSUES, BOARD TYPE, AND DECISION: The applicant requests a change to his narrative reason for separation and his reentry eligibility (RE) code. The applicant seeks relief contending, in effect, he was on Active Duty for just under eight years and elected to expiration of term of service (ETS) in order to become a drilling member of the North Carolina Army National Guard while he finished his education. While he was awaiting ETS, he came down on assignment for Fort Bliss, Texas. The applicant contends that he was told to complete a Declination of Continued Service Statement (DCSS) in lieu of being issued permanent change of station (PCS) orders with a report date ten months prior to his ETS. By do so, the stipulation was that this would keep him from regular active service reentry for 93 days, but not affect the separation and reentry codes that would go on his DD Form 214 that may prevent his reentry into active service permanently. He remained in Germany to transition out of the Army and straight into the Army National Guard, where he has served for over 4 years and since been promoted to Sergeant First Class while finishing his Bachelor's Degree. The applicant contends his National Guard unit is now in need of a Readiness NCO, an Active Guard Reserve (AGR) position requiring active service reentry, and his command recommended that he apply for the position. The applicant further contends that his DD Form 214 contains derogatory information in blocks 25, 26, and 27, which is the reason his application has been stalled. The applicant's DD Form 214, reflects he was discharged based on AR 635-200, Chapter 4, Completion of Required Active Service, with an SPD Code of JGH code. The applicant contends that the SPD code tells the Army National Guard he was separated under AR 635-200, paragraph 19-12 or effectively discharged under Qualitative Management Program as reflected in the separation code publication AR 635-5-1. The JGH separation code in block 26 is not the reason for his discharge and he believes this to be an erroneous entry. In addition, the applicant believes his separation code should be changed to KBK to reflect his voluntary completion of service and his RE code be change to a 1 to reflect the eligibility that comes with that code per AR 601-210. He contends if the JGH code and RE-3 codes are not erroneous, he was not informed of them as a stipulation of his signing the DCSS and as such, was denied knowledge of a legal consequence of a contractual document. In a personal appearance hearing conducted at Arlington, VA on 13 March 2017, and by a 5-0 vote, the Board denied the request upon finding the separation was both proper and equitable. However, notwithstanding the propriety of the applicant's discharge, the Board found that the applicant's DD Form 214, blocks 26 and 28, contain erroneous entries. The Board directed the following administrative corrections and reissue of the applicant's DD Form 214, as follows: a. block 26, separation code changed to KBK b. block 28, narrative reason for separation changed to Completion of Required Active Service (Board member names available upon request) 3. DISCHARGE DETAILS: a. Reason / Authority / Codes / Characterization: Non-Retention on Active Duty / AR 635-200, Chapter 4 / JGH / RE-3 / Honorable b. Date of Discharge: 13 May 2012 c. Separation Facts: (1) Date of Notification of Intent to Separate: NIF (2) Basis for Separation: NIF (3) Recommended Characterization: NIF (4) Legal Consultation Date: NIF (5) Administrative Separation Board: NIF (6) Separation Decision Date / Characterization: NIF / Honorable 4. SERVICE DETAILS: a. Date / Period of Enlistment: 14 May 2008 / 4 years b. Age at Enlistment / Education / GT Score: 23 / HS Graduate / 128 c. Highest Grade Achieved / MOS / Total Service: E-6 / 89D30, EOD Specialist and 12B30, Combat Engineer / 7 years, 8 months, 19 days d. Prior Service / Characterizations: RA, 25 August 2004 to 13 May 2008 / HD e. Overseas Service / Combat Service: Germany, SWA / Iraq (7 December 2005 to 26 November 2006) f. Awards and Decorations: ARCOM, AAM, MUC, AGCM-2, NDSM, ICM-2CS, GWOTSM, NOPDR-2, ASR, OSR-2, CAB g. Performance Ratings: 1 August 2007 thru 30 October 2008, Fully Capable 31 October 2008 thru 30 October 2009, Among the Best 31 October 2009 thru 30 October 2010, Among the Best 17 December 2010 thru 16 December 2011, Among the Best 17 December 2011 thru 13 May 2012, Among the Best h. Disciplinary Action(s) / Evidentiary Record: None i. Lost Time / Mode of Return: None j. Diagnosed PTSD / TBI / Behavioral Health: NIF 5. APPLICANT-PROVIDED EVIDENCE: Online application; Declination of Continued Service Statement; and DD Form 214. 6. POST SERVICE ACCOMPLISHMENTS: The applicant enlisted in the Army National Guard on 2 April 2012 and extended his enlistment several times. He currently has an ETS date of 13 May 2018. 7. REGULATORY CITATION(S): Army Regulation 635-200 sets forth the basic authority for separation of enlisted personnel. Chapter 4 of that regulation provides, in pertinent part, for the separation of individuals upon completion of required service (i.e., expiration term of service). The characterization of service for Soldiers separated under the provisions of Chapter 4, AR 635-200 will be honorable unless the Soldier is in entry-level status. 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 Army Regulation 635-200, Chapter 4, 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. 8. DISCUSSION OF FACT(S): The applicant requests a change to his narrative reason for separation and his reentry eligibility (RE) code. The applicant's available record of service, the issues and documents submitted with his application were carefully reviewed. The applicant's record is void of the specific facts and circumstances concerning the events which led to his discharge from the Army. However, the record contains a properly constituted DD Form 214 (Certificate of Release or Discharge from Active Duty), which was authenticated by the applicant's signature. The DD Form 214 indicates the applicant was discharged under the provisions of Chapter 4, AR 635-200, by reason of Non-Retention on Active Duty, with a characterization of service of Honorable, and a Reentry Eligibility (RE) code of 3. The enlistment contract, dated 14 May 2008, reflects the applicant reenlisted for a period of 4 years, giving him an ETS date of 13 May 2012. Based on the applicant's discharge date, it appears the applicant was discharged after completing his term of service. The narrative reason specified by Army Regulations for a discharge under Chapter 4 is "Completion of Required Active Service," and the separation code is "KBK." Army Regulation 635-5, Separation Documents, governs preparation of the DD Form 214 and dictates that entry of the narrative reason for separation, entered in block 28 and separation code, entered in block 26 of the form, will be exactly as listed in tables 2-2 or 2-3 of AR 635-5-1, Separation Program Designator (SPD) Codes. The regulation further stipulates that no deviation is authorized. There is no provision for any other reason to be entered under this regulation. However, based on the applicant voluntarily signing a Declination of Continued Service Statement on 6 July 2011, acknowledging that he had been counseled concerning action required to satisfy a length of service requirement incident to an operational commitment and regarding his refusal to extend his enlistment or reenlist to comply with the commitment. He further understood the effects his refusal would have on his Army career and on any future decisions he might make concerning reenlistment or enlistment after separation (i.e., prohibited to apply for reentry into the Active Army for at least 93 days and eligibility to join the Reserve Component). Therefore, in accordance with AR 601-210, which determines RA and USAR reentry eligibility and provides regulatory guidance on the RE codes, the applicant was properly assigned an RE code of "3," as a result of having signed a Declination of Continued Service Statement. Soldiers being processed for separation are assigned reentry codes based on their service records or the reason for discharge. Based on Army Regulation 635-5-1 and the SPD Code/RE Code Cross Reference Table, the applicant was appropriately assigned an RE code of 3. An RE Code of 3 indicates the applicant requires a waiver prior to being allowed to reenlist. If reenlistment is desired, the applicant should contact a local recruiter to determine eligibility to reenlist. Recruiters can best advise a former service member as to the needs of the Army at the time, and are required to process waivers of reentry eligibility (RE) codes if appropriate. Based on the available record, the discharge was consistent with the procedural and substantive requirements of the regulation, was within the discretion of the separation authority and that the applicant was provided full administrative due process. 9. DOCUMENTS / TESTIMONY PRESENTED DURING PERSONAL APPEARANCE: In addition to the evidence in the record, the Board carefully considered the additional document(s) and testimony presented by the applicant at the personal appearance hearing. a. The applicant submitted the no additional documents. b. The applicant presented the no additional contentions. 10. BOARD DETERMINATION: In a personal appearance hearing conducted at Arlington, VA on 13 March 2017, and by a 5-0 vote, the Board denied the request upon finding the separation was both proper and equitable. However, notwithstanding the propriety of the applicant's discharge, the Board found that the applicant's DD Form 214, blocks 26 and 28, contain erroneous entries. The Board directed the following administrative corrections and reissue of the applicant's DD Form 214, as follows: a. block 26, separation code changed to KBK b. block 28, narrative reason for separation changed to Completion of Required Active Service 11. BOARD ACTION DIRECTED: a. Issue a New DD-214: Yes b. Change Characterization to: No Change c. Change Reason to: Completion of Required Active Service d. Change SPD / RE Code to: Change SPD to KBK / No change to RE e. Restore (Restoration of) Grade to: No Change Authenticating Official: Legend: AWOL - Absent Without Leave GD - General Discharge NCO - Noncommissioned Officer SCM - Summary Court Martial BCD - Bad Conduct Discharge HS - High School NIF - Not in File SPCM - Special Court Martial BH - Behavioral Health HD - Honorable Discharge NOS - Not Otherwise Specified SPD - Separation Program Designator CG - Company Grade Article 15 IADT - Initial Active Duty Training OAD - Ordered to Active Duty TBI - Traumatic Brain Injury CID - Criminal Investigation Division MP - Military Police OMPF - Official Military Personnel File UNC - Uncharacterized Discharge ELS - Entry Level Status MST - Military Sexual Trauma PTSD - Post-Traumatic Stress Disorder UOTHC - Under Other Than Honorable Conditions FG - Field Grade Article 15 NA - Not applicable RE - Reentry VA - Veterans Affairs ARMY DISCHARGE REVIEW BOARD CASE REPORT AND DIRECTIVE AR20160015572 1