| Mr. Carl W. S. Chun | Director | |
| Mr. Paul Wright | Analyst |
| Ms. Joann Langston | Chairperson | |
| Mr. Raymond V. O'Connor, Jr. | Member | |
| Ms. Barbara J. Lutz | Member |
APPLICANT REQUESTS: In effect, that his RE code be changed.
APPLICANT STATES: The applicant makes no statement.
EVIDENCE OF RECORD: The applicant's military records show:
On 25 April 1994, the applicant enlisted in the Regular Army for a period of 4 years. He successfully completed basic training and advanced individual training, and was awarded military occupational specialty (MOS) 92A10, Automated Logistical Specialist.
Upon graduation from advanced individual training, the applicant was assigned to duty in Korea. Evidence of record shows he served periods of time at Fort Bragg, North Carolina, and Fort Polk, Louisiana. He was promoted to Specialist (SPC/E-4) on 1 July 1996.
On 17 September 1997 while stationed at Fort Polk, he reenlisted in the Regular Army for a period of 4 years and an assignment in Europe. He was re-assigned to Germany with B Company, 201st Forward Support Battalion from 18 May 1999 until his separation from active duty.
On 30 July 2001, the applicant was reduced from Specialist to Private First Class (PFC/E-3). On 19 September 2001, the applicant was honorably separated from active duty. He was credited with 7 years, 4 months, 25 days of active Federal service. His DD Form 214 (Certificate of Release or Discharge From Active Duty) shows that he was awarded the Army Achievement Medal (5th award), the National Defense Service Medal, the Humanitarian Service Medal, the Army Service Ribbon, the Overseas Service Ribbon (with num 2), the NATO Medal, and the Kosovo Campaign Medal with Bronze Service Star. His DD Form 214 further shows that he was separated by reason of "completion of required active service" with a separation code of "LBK" and a reentry eligibility (RE) code of "3." In addition, he was paid $12,191.52 separation pay.
Army Regulation (AR) 601-210 determines Regular Army (RA) and U.S. Army Reserve (USAR) reentry eligibility and provides regulatory guidance on the RE codes. Separation Program Designator (SPD) code "LBK" with RE code of 3 indicates that a soldier: (a) is ineligible for, or otherwise denied, immediate reenlistment; (b) has executed a Declination of Continued Service Statement (DCSS); (c) has failed to meet grade and service criteria in AR 601-210, paragraph 3-10; or (d) has lost time due to AWOL or confinement.
Separation pay is a special drawdown pay available to soldiers with good records who are qualified to remain in uniform, but are denied reenlistment or continuation. Recipients must have at least 6 years on active duty, 5 of which must be continuous
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 details surrounding the applicant's separation are not contained in the available records. However, it is noted that the applicant received full separation pay. This would indicate that he was not eligible for reenlistment or continuation on active duty. It is also noted that he was a PFC with more than 7 years of active Federal service. As such, his grade and years of service would not be in compliance with established criteria for reenlistment in the Regular Army without a waiver.
2. Based upon his receipt of full separation pay, the Board presumes that the applicant was properly separated with an SPD code of LBK and an RE code of 3. These codes are used for a Regular Army soldier ineligible for, barred from, or otherwise denied reenlistment, who is separated on completion of enlistment.
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 that would satisfy this requirement.
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
__jhl___ __rvo___ __bjl___ DENY APPLICATION
| CASE ID | AR2002072839 |
| SUFFIX | |
| RECON | |
| DATE BOARDED | 20020822 |
| TYPE OF DISCHARGE | |
| DATE OF DISCHARGE | |
| DISCHARGE AUTHORITY | |
| DISCHARGE REASON | |
| BOARD DECISION | (DENY) |
| REVIEW AUTHORITY | |
| ISSUES 1. | 110.0000 |
| 2. | |
| 3. | |
| 4. | |
| 5. | |
| 6. |
ARMY | BCMR | CY2002 | 2002069568C070402
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: A Separation Program Designator (SPD)/Reentry (RE) Code Cross Reference Table shows “LBK/3,” indicating an RE code of “3” for a soldier with a separation code of “LBK.”Army Regulation 601-280 prescribes criteria for the Total Army Retention Program and states in effect that soldiers in the rank of PFC are not authorized to...
ARMY | BCMR | CY2013 | 20130010751
The applicant requests, in effect, correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show his reentry eligibility (RE) code as 1. 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. DISCUSSION AND CONCLUSIONS: The evidence of record confirms the applicant was involuntarily...
ARMY | BCMR | CY2014 | AR20140009909
Army regulations then in effect provided that prior to discharge or release from active duty individuals would be assigned RE codes based on their service records or the reason for discharge. The SPD code "LBK" as shown on the applicants DD Form 214 was assigned for an involuntary release from active duty and specified the narrative reason for discharge as "Completion of Required Active Service" and that the authority for discharge under this separation program designator was Army...
ARMY | BCMR | CY2011 | 20110019795
Application for correction of military records (with supporting documents provided, if any). She was released under the provisions of chapter 4 of Army Regulation 635-200 (Active Duty Enlisted Administrative Separations) by reason of completion of her required active service after completing 4 years of creditable active military service. "LBK" is the correct code for RA Soldiers who were REFRAD for completion of required active service under the provisions of chapter 4, Army Regulation...
ARMY | BCMR | CY2015 | 20150001402
Army Regulation 635-5-1 (Separation Program Designator (SPD) Codes) states the SPD code of "LBK" is the correct code for RA Soldiers released from active duty 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 otherwise denied reenlistment at the completion of their enlistment. The SPD code of "LBK" is the correct code for RA Soldiers released from...
ARMY | BCMR | CY2009 | 20090004420
The applicant requests, in two separate applications, correction of appropriate military records to show a reentry eligibility (RE) code which would allow enlistment. Soldiers in the rank of PFC who are on a 2-year initial enlistment and who will have 24 months or less of active Federal service on the day they are discharged to reenlist may, if otherwise qualified, to include those with approved waivers, be reenlisted without a grade waiver. Therefore, the Board determined that the overall...
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 | CY2001 | 2001063814C070421
DISCUSSION : Considering all the evidence, allegations, and information presented by the applicant, together with the evidence of record, applicable law and regulations, and advisory opinion(s), it is concluded: However, by regulation, members separating at the completion of their required active service who are ineligible to reenlist are assigned a SPD code of LBK and a corresponding RE code of RE-3. The evidence of record confirms that at the time of his separation, the applicant had...
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...
ARMY | BCMR | CY2010 | 20100007318
Army Regulation 635-5-1 (SPD Codes) provides the specific authorities and reasons for separating Soldiers from active duty and the SPD codes to be entered on the DD Form 214. The SPD code of LBK was the appropriate code for Soldiers separating under the provisions of Army Regulation 635-200, Chapter 4, for completion of required active service who were ineligible for, barred from, or otherwise denied reenlistment on completion of their current term of active duty service. Therefore, the...