| Mr. Carl W. S. Chun | Director | |
| Mr. Michael L. Engle | Analyst |
| Ms. Irene N. Wheelwright | Chairperson | |
| Mr. Fred N. Eichorn | Member | |
| Ms. Gail J. Wire | Member |
APPLICANT REQUESTS: In effect, that his reentry code (RE) code 3 be changed to RE 1.
APPLICANT STATES: In effect, that he believes his RE code 3 is unjust and extremely unfair. He contends that he was separated from the Regular Army because he was unable to reenlist as a specialist, E-4 with nearly 8 years of active service. He further contends that this RE code is hindering his military career by not permitting him to fulfill his personal duty to his country and to retire on active duty.
EVIDENCE OF RECORD: The applicant's military records show:
He enlisted in the Army on 13 October 1988 for 3 years. He completed his initial training and was assigned for duty as a cannon crewmember (13B). He attained the rank and pay grade of specialist, E-4 on 1 June 1990 and was honorably released from active duty on 12 October 1992, upon completion of his active duty obligation. He was transferred to the United States Army Reserve (USAR) Control Group (Reinforcement).
On 17 March 1993, he again enlisted in the Army for 3 years. He completed training as a petroleum supply specialist (77F). On 16 March 1996 he was honorably released from active duty upon completion of required active service. He was again transferred to the USAR Control Group (Reinforcement). He completed 7 years of creditable active service and attained the rank and pay grade of specialist, E-4.
At the time of the applicant’s request to this Board, he was serving in the USAR in the rank of staff sergeant.
The applicant’s Certificate of Release or Discharge from Active Duty (DD Form 214), effective 16 March 1996, shows the narrative reason for separation as completion of required active service with a separation code of LBK, and a RE code 3.
Army Regulation 601-210 prescribes 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 RE Codes including RA RE codes. RE-3 applies to persons separated from their last period of service who do not meet the reentry grade and service criteria of Army Regulation 601-210. It is a waivable disqualification. That regulation further provides that RE codes may only be changed if they are determined to be administratively incorrect. Applicants who have correct RE codes will be processed for a waiver at their request if otherwise qualified and waiver is authorized. No requirement to change an RE code exists to qualify for enlistment.
Paragraph 3-10b of that regulation further provides that the term of enlistment, when added to the previous active Federal service, will not exceed 8 years for a specialist, E-4.
Paragraph 3-15a of that regulation provides that enlistment in the Regular Army is authorized for a period of at least 2, but not more than 6 years.
Army Regulation 635-5-1 implements Department of Defense policy for standardization of certain entries on DD Form 214. It provides in Table C-1 that a SPD code of LBK will be used for enlisted soldiers who are involuntarily separated upon completion of required active service.
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’s release from active duty upon completion of his obligated term of active service was properly processed in accordance with applicable regulations.
2. The RE code 3 reflects that he was not eligible for reenlistment without waiver due to having more than 7 years of active military service as a specialist, E-4. A 2-year enlistment, the minimum period authorized, would have put his total active Federal service over 9 years, exceeding the maximum permitted for his grade.
3. The separation code of LBK on his DD Form 214 indicates that he was involuntarily released from active duty upon completion of his required active service. This is consistent with his RE code 3 since he was not eligible to reenlist without a waiver.
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
__INW___ __FNE__ __GJW__ DENY APPLICATION
| CASE ID | AR2001057296 |
| SUFFIX | |
| RECON | YYYYMMDD |
| DATE BOARDED | 2001/08/09 |
| 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. | 110.02 |
| 2. | |
| 3. | |
| 4. | |
| 5. | |
| 6. |
ARMY | BCMR | CY2014 | 20140016912
The applicant's record shows that he enlisted in the Regular Army for a period of 4 years on 25 September 1996. It states, in pertinent part, that the SPD code LBK is the appropriate code to assign to Soldiers involuntarily released from active duty upon completion of required active service and that this code is to be used for Regular Army Soldiers ineligible for, barred from, or otherwise denied reenlistment that are separated on completion of enlistment under the provisions of Army...
ARMY | BCMR | CY2013 | 20130002682
It states the SPD code LBK is the appropriate code to assign to Soldiers involuntarily released from active duty upon completion of required active service and that this code is to be used for RA Soldiers ineligible for, barred from, or otherwise denied reenlistment that are separated on completion of enlistment under the provisions of Army Regulation 635-200, chapter 4 due to completion of enlistment. Army Regulation 635-5-1 also provides that the SPD code MBK is the appropriate code to...
ARMY | BCMR | CY2011 | 20110023119
Army Regulation 635-200 further states that prior to discharge or release from active duty, individuals will be assigned RE codes based on their service records or the reason for discharge. Table 3-1 included a list of the RA RE codes: a. RE-1 applies to Soldiers completing their term of active service who are considered qualified to reenter the U.S. Army. For Soldiers separating from the RA, it prescribes eligibility criteria and options for enlistment or transfer into the Reserve...
ARMY | BCMR | CY2009 | 20090009455
It states, in pertinent part, that the SPD code LBK is the appropriate code to assign to Soldiers separated under the provisions of chapter 4, Army Regulation 635-200, by reason of completion of required active service when an RA Soldier is ineligible for, barred from, or otherwise denied reenlistment and is separated on completion of enlistment. The applicant's iPERMS shows the major personnel actions taken during his military service; however, there is no evidence of record that shows the...
ARMY | BCMR | CY2012 | 20120001016
His DD Form 214 shows he was assigned separation code LBK for an involuntary release from active duty or transfer by reason of completion of required active service and an RE code of 3. Individuals will be assigned RE codes prior to discharge or release from active duty based on their service record or the reason for discharge. The SPD/RE Code Cross Reference Table states to enter RE code 3 when the Soldier's record indicates the Soldier is ineligible for or otherwise denied immediate...
ARMY | BCMR | CY2011 | 20110002059
He was honorably released from active duty on 7 October 2005 under the provisions of Army Regulation 635-200 (Personnel Separations - Active Duty Enlisted Administrative Separations), chapter 4, by reason of completion of required active service. Item 26 (Separation Code) of the DD Form 214 he was issued for this period of service shows he was assigned code LBK for an involuntary release from active duty or transfer by reason of completion of required active service. However, the SPD/RE...
ARMY | BCMR | CY2013 | 20130014178
His DD Form 214 shows he was REFRAD under the provisions of Army Regulation 635-200 (Personnel Separations Active Duty Enlisted Administrative Separations), chapter 4) by reason of completion of required active service. The SPD code of "LBK" is the correct code for RA Soldiers involuntarily REFRAD for completion of required active service under the provisions of Army Regulation 635-200, chapter 4 who sign a Declination of Continued Service Statement or are ineligible for, barred from, or...
ARMY | BCMR | CY2009 | 20090013517
The applicant requests, in effect, correction of appropriate military records to show a reentry eligibility (RE) code of 1, which would allow him to reenter the military. Army Regulation 635-5-1 (SPD Codes), table 2-3, indicates the SPD code of LBK denotes Completion of Required Active Service. The cross-reference list in effect at the time showed that an SPD code of LBK was assigned an RE code of 3.
ARMY | BCMR | CY2010 | 20100022241
The applicant states that he was enrolled in the Army Weight Control Program (AWCP) and met his weight standard on 4 August 2005 in accordance with Army Regulation (AR) 600-9 (AWCP). The applicant provides copies of a DA Form 5500-R (Body Fat Content Worksheet - Male), DA Form 638 (Recommendation for Award), and DD Form 214 (Certificate of Release or Discharge from Active Duty). AR 600-8-22 (Military Awards) provides policy, criteria, and administrative instructions concerning military...
ARMY | BCMR | CY2010 | 20100000296
His DD Form 214 indicates he was assigned a Separation Code of LBK and an RE-3. It notes that an SPD code of LBK is the appropriate code when enlisted Soldiers are being involuntarily discharged upon completion of their required active service because they are ineligible for, barred from, or otherwise denied reenlistment at the time of separation. The applicant SPD Code of LBK indicates the applicant was involuntarily released from active duty because he was not eligible for immediate...