| Mr. Carl W. S. Chun | Director | |
| Ms. Nancy L. Amos | Analyst |
| Mr. Samuel A. Crumpler | Chairperson | ||
| Mr. Melvin H. Meyer | Member | ||
| Ms. Regan K. Smith | Member |
APPLICANT REQUESTS: That her reentry (RE) code be changed and her separation code (SPD) be changed to MLK.
APPLICANT STATES: That the RE and SPD codes as currently reflected on her Certificate of Release or Discharge from Active Duty, DD Form 214, are affecting her entry into the Active Guard/Reserve (AGR) program. She got out at her normal expiration term of service (ETS) and was not involuntarily transferred from active duty. She was married to an active duty member and was pregnant with their first child at her ETS. They decided it would be best for her to get off active duty at her ETS. She provides her DD Form 214 as supporting evidence.
EVIDENCE OF RECORD: The applicant's military records show:
She enlisted in the Regular Army on 4 November 1988 for 3 years. She was released from active duty at her normal ETS of 3 November 1991 in pay grade E-3. She was given an RE code of 3 and an SPD of LBK (involuntary release from active duty or transfer upon completion of required active service, to be used for Regular Army soldiers ineligible for, barred from, or otherwise denied reenlistment who is separated on completion of enlistment).
The applicant is apparently currently in the Air National Guard.
Army Regulation 635-5-1 prescribes the specific authorities, the reasons for separating soldiers from active duty, and the SPD codes to be entered on the DD Form 214. It does not list an SPD of MLK. It does list an SPD of MBK (voluntary release from active duty or transfer upon completion of required active service, to be used for Regular Army soldiers eligible to reenlist who are released from active duty on completion of enlistment and transferred to the Reserve components to complete a military service obligation).
Pertinent Army regulations provide 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. Army Regulation 601-210 covers eligibility criteria, policies and procedures for enlistment and processing into the Regular Army (RA) and the U.S. 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 code 3 applies to persons not qualified for continued Army service but the disqualification is waivable.
Army Regulation 601-210, chapter 3 also states in pertinent part that applicants for enlistment, if last separated in grade E-3 with not more than 2 years of Active Federal Service in the Regular Army and original enlistment was for 2 years and they are otherwise qualified, are eligible for enlistment.
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. 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 this requirement.
2. It was the fact the applicant elected to ETS, while in grade E-3, that determined her SPD and RE codes. Once she ETSd, after having completed more than 2 years of Active Federal Service, she was no longer eligible to reenlist without a waiver and the assigned RE code of 3 and SPD of LBK were and still are appropriate. She was disqualified from reenlistment but the disqualification is waivable for enlistment in the RA or the U. S. Army Reserve. If she desires to enter the AGR program in the Army or Air National Guard, other policies may apply.
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
__SAC__ __MHM__ __RKS__ DENY APPLICATION
| CASE ID | AR2002072520 |
| SUFFIX | |
| RECON | |
| DATE BOARDED | 2002/08/01 |
| TYPE OF DISCHARGE | |
| DATE OF DISCHARGE | |
| DISCHARGE AUTHORITY | |
| DISCHARGE REASON | |
| BOARD DECISION | DENY |
| REVIEW AUTHORITY | |
| ISSUES 1. | 100.03 |
| 2. | |
| 3. | |
| 4. | |
| 5. | |
| 6. |
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