1. Applicant's Name: a. Application Date: 11 July 2018 b. Date Received: 16 July 2018 c. Counsel: None 2. REQUEST, ISSUES, BOARD TYPE, AND DECISION: The applicant requests a reentry eligibility (RE) code change. The applicant seeks relief contending, in effect, was fully qualified for reenlistment, but could not because the applicant would have been over the retention control point (RCP) date. The applicant had ten years and nine months of active service as an E-4 and the RCP at the time, was two years. An Air Force recruiter told the applicant to petition to have the RE code corrected before putting in an officer packet because the recruiter could not see any reason for the code to be a "3," since the applicant had completed the obligation. Per the Board's Medical Officer, a voting member, based on the information available for review at the time in the service record, the Armed Forces Health Longitudinal Technology Application (AHLTA), and Joint Legacy Viewer (JLV), notes indicate diagnoses of ADHD, Anxiety, Insomnia, and Depression. The applicant is 100% service-connected; 70% for PTSD from the VA. The VA has also diagnosed the applicant with Bipolar II Disorder and Major Depressive Disorder. In summary, the applicant's discharge was appropriate. In a records review conducted at Arlington, VA on 21 February 2020, and by a 5-0 vote, the Board denied the request upon finding the separation was both proper and equitable. (Board member names available upon request) 3. DISCHARGE DETAILS: a. Reason / Authority / Codes / Characterization: Completion of Required Active Service / AR 635-200 / Chapter 4 / JBK / RE-3 / Honorable b. Date of Discharge: 20 November 2011 c. Separation Facts: (1) Date of Notification of Intent to Separate: 15 July 2011 (2) Basis for Separation: Completion of Required Active Service. (3) Recommended Characterization: NA (4) Legal Consultation Date: NA (5) Administrative Separation Board: NA (6) Separation Decision Date / Characterization: 15 July 2011 / Orders 196-0128, reflects the applicant was reassigned to the U.S. Army transition point for transition process. He was released from active duty effective: 20 November 2011. 4. SERVICE DETAILS: a. Date / Period of Enlistment: 21 August 2008 / 3 years, 13 week b. Age at Enlistment / Education / GT Score: 26 / 2 years college / 120 c. Highest Grade Achieved / MOS / Total Service: E-5 / 91B10, Wheeled Vehicle Mechanic / 10 years, 9 months, 26 days d. Prior Service / Characterizations: USN, 25 January 2001 - 24 July 2008 / HD USNR, 25 July 2008 - 20 August 2008 / NIF e. Overseas Service / Combat Service: Korea, SWA / Iraq (NIF, Navy Service) f. Awards and Decorations: ICM-2CS, AAM-2, USNAM-2, MUC, NMUC, CGMUC, NAVE-2, NGCM-2, NDSM, GWOTSM, KDSM, ASR, OSR-2, NSSDR-2 g. Performance Ratings: NIF h. Disciplinary Action(s) / Evidentiary Record: CG Article 15, dated 25 January 2010, for unlawfully striking PFC F. on the face with a closed fist (29 November 2009). The punishment consisted of extra duty and restriction for 14 days. Orders 196-0128, dated 15 July 2011, reflects the applicant was ordered to report to the transition point on 20 November 2011. The date of his release from active duty unless / changed or rescinded: 20 November 2011. Enlisted Record Brief, dated 15 July 2011, reflects the applicant entered Active Duty in the rank of Sergeant, but was reduced to Specialist on 22 April 2010. The applicant's DD Form 214, reflects he was transferred to the 413 CA HHS, Lubbock, Texas and he did not have a Reserve Obligation Termination Date. The applicant was entitled to full Involuntarily Separation Pay. i. Lost Time / Mode of Return: None j. Diagnosed PTSD / TBI / Behavioral Health: None 5. APPLICANT-PROVIDED EVIDENCE: DD Form 149. 6. POST SERVICE ACCOMPLISHMENTS: None submitted with the application. 7. REGULATORY CITATION(S): Army Regulation 635-200 sets forth the basic authority for the separation of enlisted personnel. Chapter 3, paragraph 3-7, establishes the types of administrative discharges/character of service. An honorable discharge is a separation with honor. The honorable characterization is appropriate when the quality of the Soldier's service generally has met the standards of acceptable conduct and performance of duty for Army personnel or is otherwise so meritorious that any other characterization would be clearly inappropriate. Only the honorable characterization may be awarded a Soldier upon completion of his/her period of enlistment or period for which called or ordered to AD or ADT or where required under specific reasons for separation, unless an entry-level status separation (uncharacterized) is warranted. Chapter 4, establishes the policies and procedures for separating a Soldier upon expiration of enlistment of fulfillment of service obligation. The periods of military service required of all Army Soldiers will be in accordance with applicable laws. Periods for which enlistment is authorized are in NGR 600-200, AR 140-111, and AR 601-210. Periods for which Soldiers are ordered to AD are prescribed by law. Soldier enlisted or ordered to AD normally will be discharged or released from AD on the date he/she completes the period for which enlisted or ordered to AD. 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. Paragraph 4-5, states, a Soldier being separated upon expiration of enlistment or fulfillment of service obligation will be awarded a character of service of honorable, unless the Soldier is in entry-level status and service is uncharacterized. 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 "JBK" as the appropriate code to assign enlisted Soldiers who are discharged under the provisions of Army Regulation 635-200, Chapter 4, for completion of required active service, who are ineligible for, barred from, or otherwise denied reenlistment that are separated upon completion of enlistment. The SPD Code/RE Code Cross Reference Table shows that a Soldier assigned an SPD Code of "JBK" will be assigned an RE Code of 3. Army Regulation 601-210, prescribes eligibility criteria, policies, and procedures for enlistment and processing of persons into the Regular Army, the United States Army Reserve, and Army National Guard for enlistment. Paragraph 3-10, provides Regular Army retention control points and reflects that if an applicant is eligible to enlist with or without a waiver or grade determination, then the term of enlistment when added to previous AFS will not exceed the criteria below, as indicated for each enlistment grade: PV1-PFC, not more than 8 years active federal service (AFS). SPC, not more than 10 years AFS. SGT, not more than 15 years AFS. SSG, not more than 22 years AFS. SFC, not more than 24 years AFS. MSG/1SG, not more than 26 years AFS. Sergeant Major (SGM)/Command Sergeant Major (CSM), not more than 30 years AFS 8. DISCUSSION OF FACT(S): The applicant requests a reentry eligibility (RE) code change. The applicant's record of service, the issues and documents submitted with his application were carefully reviewed. The record confirms that the applicant's discharge was appropriate because the quality of his service was consistent with the Army's standards for acceptable personal conduct and performance of duty by military personnel. 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 applicant's record does contain 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 AR 635-200, Chapter 4, by reason of Completion of Required Active Service, with a characterization of service of Honorable. Barring evidence to the contrary, it appears that all requirements of law and regulation were met and the rights of the applicant would have been protected throughout the separation process. The service record confirms the applicant had completed the period for which he was ordered to Active Duty. The evidence of the record reflects that the applicant entered Active Duty on 21 August 2008, for a period of 3 years and 13 weeks. At the time of the applicant's discharge, the applicant had served 3 years and 3 months on Active Duty. At the time of his discharge, he had a total of 10 years, 9 months and 26 days of active federal service and held the rank Specialist / E-4. Based on the applicant's Enlisted Record Brief and the remarks on the applicant's DD Form 214, indicating the applicant was involuntarily separated, it appears the applicant was barred from reenlistment and had reached his Retention Control Point (RCP). Soldiers processed for separation under this provision will be assigned a Narrative Reason for Separation of Completion of Required Active Service. Further, the Soldier will be assigned an SPD Code of JBK and an RE Code of 3. The applicant desires to rejoin the Military Service. However, 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 should have been 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. The burden of proof remains with the former Soldier to provide the appropriate documents such as the discharge packet or other evidence sufficient to explain the facts, circumstances, and reasons underlying the separation action, for the Board's consideration. If the applicant desires a personal appearance hearing, it is his responsibility to meet the burden of proof since the discharge packet is not available in the official record. 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. BOARD DETERMINATION: In a records review conducted at Arlington, VA on 21 February 2020, and by a 5-0 vote, the Board denied the request upon finding the separation was both proper and equitable. 10. BOARD ACTION DIRECTED: a. Issue a New DD-214 / Issue a New Separation Order: No b. Change Characterization to: No Change c. Change Reason to: No Change d. Change Authority to: No Change e. Change SPD / RE Code 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 AR20180011073 1