| Mr. Carl W. S. Chun | Director | |
| Mr. Kenneth H. Aucock | Analyst |
| Mr. John N. Slone | Chairperson | |
| Mr. Thomas B. Redfern III | Member | |
| Mr. Lester Echols | Member |
APPLICANT REQUESTS: That his separation code and reentry code on his 25 January 2001 DD Form 214 be changed from “LBK” and “3,” respectively, to “MBK” and “1.” It appears that the applicant is requesting that those codes be changed in order for him to enlist in the Regular Army.
APPLICANT STATES: That he made up his lost time, was promoted on 1 October 2000 after his lost time, and no waiver is required [in order to reenlist].
EVIDENCE OF RECORD: The applicant's military records show:
The applicant’s DD Form 214 shows that he entered on active duty on 14 January 1998. Personnel action forms show that he was AWOL on 29 December 1999 and returned to duty on 10 January 2000. The applicant was promoted to pay grade E-4 on 1 October 2000.
The applicant was released from active duty and transferred to a unit of the 29th Infantry Division, a National Guard organization on 25 January 2001. He had 3 years of service and 12 days of lost time.
On 20 August 2001 the applicant requested a conditional release from the Virginia Army National Guard, and enlistment in the Regular Army.
Army Regulation 635-5-1 prescribes the specific authorities, reasons for separating soldiers from active duty, and the SPD codes to be entered on the DD Form 214. SPD code “LBK” is applicable to a RA soldier who is ineligible for, barred from, or otherwise denied reenlistment who is separated on completion of enlistment. A soldier who has a record of AWOL is ineligible for reenlistment without a waiver.
A 1 March 2001 separation program designator code (SPD)/reentry (RE) code cross reference table indicates in pertinent part that RE Code 3 will be entered [on the DD Form 214) when the soldier’s record indicates that the soldier has time lost due to AWOL.
Pertinent Army regulations provide that prior to release from active duty, individuals will be assigned RE codes, based on their service records or the reason for discharge. Army Regulation 601-210 governs eligibility criteria for enlistment and lists RE codes. Code RE-3 applies to persons who are not fully qualified for reentry or continuous service at time of separation, but disqualification is waivable.
Paragraph 3-27 states that prior service Army personnel will be advised that RE codes may be changed only if determined to be administratively incorrect. Applicants who have correct RE codes will be processed for a waiver at their request if otherwise qualified and a waiver is authorized.
Paragraph 4-10 states that any applicant who, during their last period of service, had AWOL or lost time of 6 or more days regardless of type of separation or RE code will be required to have a waiver for enlistment. The approval authority for a Regular Army enlistment is the Total Army Personnel Command.
Army Regulation 601-280 prescribes the total Army retention program. That regulation applies to all military personnel of the active Army. It does not apply to personnel of the Army National Guard or Army Reserve unless ordered into active Federal service under appropriate authority. Paragraph 3-9b concerns a request for additional active duty from an Army reservist who does not have enough time remaining on his current Reserve enlistment to cover the additional active duty tour desired (soldiers on active duty under AR 135-91 or 135-210).
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 separation and reentry codes on his DD Form 214 are correct. He requires a waiver in order to enlist in the Regular Army.
2. 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 that would satisfy that requirement.
3. 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
__JNS __ __TBR _ __LE____ DENY APPLICATION
| CASE ID | AR2001062025 |
| SUFFIX | |
| RECON | YYYYMMDD |
| DATE BOARDED | 20011220 |
| 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. | 110.00 |
| 2. | 4 |
| 3. | |
| 4. | |
| 5. | |
| 6. |
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