MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:      

	BOARD DATE:           09 APRIL 2002
	DOCKET NUMBER:   AR2001065404

	I certify that hereinafter is recorded the record of consideration of the Army Board for Correction of Military Records in the case of the above-named individual.

	Mr. Carl W. S. Chun		Director	
	Mr. Gale J. Thomas		Analyst	

  The following members, a quorum, were present:

	Mr. Raymond V. O’Connor, Jr.		Chairperson	
	Mr. Raymond J. Wagner		Member	
	Mr. Donald P. Hupman, Jr.		Member	

	The Board, established pursuant to authority contained in 10 U.S.C. 1552, convened at the call of the Chairperson on the above date.  In accordance with Army Regulation 15-185, the application and the available military records pertinent to the corrective action requested were reviewed to determine whether to authorize a formal hearing, recommend that the records be corrected without a formal hearing, or to deny the application without a formal hearing if it is determined that insufficient relevant evidence has been presented to demonstrate the existence of probable material error or injustice.

	The applicant requests correction of military records as stated in the application to the Board and as restated herein.

	The Board considered the following evidence:

	Exhibit A - Application for correction of military 
                records
	Exhibit B - Military Personnel Records (including
	            advisory opinion, if any)

APPLICANT REQUESTS:  That his DD Form 214 (Certificate of Release or Discharge from Active Duty), item 27 (Reentry Code) be changed from 3 to 
1.

APPLICANT STATES:  In effect, that he did not have enough time remaining on his service obligation to complete a 3 year tour in Germany without extending his enlistment, that his wife was experiencing a high risk pregnancy, and he was told it would not have been a good idea to move her to Germany so he declined to extend his enlistment.  The applicant submits no evidence in support of his request. 

EVIDENCE OF RECORD:  The applicant's military records show:

The applicant enlisted in the Regular Army on 4 April 1994, for a period of 
3 years, and reenlisted on 23 January 1997 for a period of 3 years.  

It appears the applicant had been alerted for overseas assignment to Germany  and needed to extend his enlistment in order to satisfy a length-of-service requirement.  However, the applicant refused to extend his enlistment or reenlist to comply with the overseas commitment.   

On 28 April 1998, the applicant signed a Declination of Continued Service Statement, acknowledging that he had been counseled by a career counselor, and understood the effects his refusal to extend his enlistment would have on his Army career, and any future decisions he might make concerning reenlistment or enlistment after separation.  

The applicant’s refusal to extend his enlistment placed him in a nonpromotable status, barred him from reenlisting, and denied him eligibility for separation pay.  It did however, afford him the opportunity to request voluntary separation and made him eligible to join the Reserve Components.    

On 28 October 1999, the applicant enlisted in the Washington Army National Guard for a period of 2 years, 1 months and 9 days.

On 28 October 1999, the applicant’s separation orders were amended to change his assignment from the USAR Control Group (Reinforcement) ARPERCEN to the 1st Battalion, 161st Infantry, Post Office Box19038, Spokane, Washington, with an annotation that he was to report to his unit of assignment within thirty days of his release from active duty.

On 22 February 2000, the applicant was released from active duty under the provisions of Army Regulation 635-200, chapter 4, for completion of required active service, and transferred to the Army National Guard.  His DD Form 214 indicates he had 5 years, 9 months and 19 days of active service, and assigned the separation code of LBK, and the reentry code of 3.  

Pertinent Army regulations provide that prior to discharge or release from active duty, individuals will be assigned reentry codes based on their service records or the reason for discharge.  Army Regulation 601-210 covers eligibility criteria, policies, and procedures for enlistment and processing into the Regular Army (RA) and the Army Reserve.  Chapter 3 of that regulation prescribes basic eligibility for prior service applicants for enlistment.  That chapter includes a list of armed forces RA codes, including RA RE codes.

RE-3 applies to persons who were not considered fully qualified for reentry or continuous service at the time of separation, but the disqualification is waivable.  

Army Regulation 635-5-1 states that SPD codes are three-character alphabetic combinations, which identify reasons for, and types of separation from active duty.  The primary purpose of SPD codes is to provide statistical accounting of reasons for separation.  They are intended exclusively for the internal use of DOD and the military services to assist in the collection and analysis of separation data.  It notes that “LBK” is the appropriate SPD code for RA soldiers ineligible for, barred from, or otherwise denied reenlistment who are separated on completion of enlistment.   

A “cross-reference” chart, provided by officials from the separations branch at the U.S. Total Army Personnel Command, confirms that “RE-3” is the appropriate RE code for individuals who receive an SPD code of LBK.

DISCUSSION:  Considering all the evidence, allegations, and information presented by the applicant, together with the evidence of record, applicable law and regulations, it is concluded:

1.  The applicant was given an honorable discharge with the separation code LBK, which is used for RA soldiers ineligible for, barred from, or otherwise denied reenlistment who are separated on completion of enlistment.  

2.  The applicant was barred from reenlisting and was assigned the appropriate reentry code 3.  

3.  In order to justify correction of a military record the applicant must show to the satisfaction of the Board, or it must otherwise satisfactorily appear, that the record is in error or unjust.  The applicant has failed to submit evidence to show that there was an error or injustice in this case.

4.  In view of the foregoing, there is no basis for granting the applicant's request.

DETERMINATION:  The applicant has failed to submit sufficient relevant evidence to demonstrate the existence of probable error or injustice.

BOARD VOTE:

________  ________  ________  GRANT

________  ________  ________  GRANT FORMAL HEARING

__RVO __  __RJW__  __DPH__  DENY APPLICATION

		    Carl W. S. Chun
		    Director, Army Board for Correction
    of Military Records

INDEX

CASE ID	AR2001065404	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20020409	
TYPE OF DISCHARGE	(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)	
DATE OF DISCHARGE	YYYYMMDD	
DISCHARGE AUTHORITY	AR .  .  .  .  .  	
DISCHARGE REASON		
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.	100.03	
2.		
3.		
4.		
5.		
6.