PROCEEDINGS


         IN THE CASE OF:
        

         BOARD DATE: 22 April 2003
         DOCKET NUMBER: AR2002077616


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

Mr. Carl W. S. Chun		Director
Mrs. Nancy L. Amos		Analyst

The following members, a quorum, were present:

Mr. Melvin H. Meyer		Chairperson
Mr. Curtis L. Greenway		Member
Ms. Mae M. Bullock		Member

         The applicant and counsel if any, did not appear before the Board.

         The Board considered the following evidence:

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

FINDINGS :

1. The applicant has exhausted or the Board has waived the requirement for exhaustion of all administrative remedies afforded by existing law or regulations.

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2. The applicant requests that his reentry (RE) code be changed from 3 to 1.

3. The applicant states that he was charged with being absent without leave (AWOL). He was late coming back from leave. He called and explained his situation to the Staff Duty Noncommissioned Officer but somehow the message did not get to the proper authorities. When he returned, he talked to his section sergeant and first sergeant and explained to both of them what happened. No disciplinary action was taken. He never received an Article 15 nor were any other disciplinary actions ever taken against him.

4. The applicant’s military records show that he enlisted in the Regular Army on 15 October 1996.

5. The applicant's DA Form 2-1 (Personnel Qualification Record) shows he was AWOL from 5 through 7 July 2000. His Enlisted Record Brief shows he had 3 days AWOL. His Enlisted Record Brief also shows his reenlistment eligibility prohibition code as code 10.

6. The applicant was promoted to Sergeant, E-5 on 1 February 2001.

7. The applicant was released from active duty on 16 October 2001 after completing his required active service. His DD Form 214 (Certificate of Release or Discharge from Active Duty) shows he completed 5 years of creditable active service with 2 days of lost time (from 5 through 6 July 2000). It shows that he was given a separation program designator (SPD) code of LBK (involuntary release from active duty or transfer, to be used for Regular Army soldiers ineligible for, barred from, or otherwise not qualified for enlistment). It shows that he was given an RE code of 3.

8. Records at the Defense Finance and Accounting Service (DFAS) were reviewed for the period July 2000 through the applicant's separation in October 2001 and failed to reveal his being charged with any lost time.

9. The applicant's Official Military Personnel File failed to reveal that he was ever given an Article 15 or received any other type of disciplinary action.

10. Army Regulation 680-29 (Military Personnel, Organization, and Type of Transaction Codes), paragraph 1-30 (Immediate Reenlistment Prohibition codes), states that code 10 is used for soldiers fully eligible for immediate reenlistment. Code 9A is used for soldiers with time lost because of AWOL.

11. Army Regulation 600-8-19 (Enlisted Promotions and Reductions), paragraph 1-10, states that soldiers are nonpromotable to a higher grade when one of several conditions exist including being ineligible for reenlistment. In some cases, the soldier may regain promotable status the day he or she receives an approved waiver to enlist.

12. Army Regulation 635-5-1 (Separation Program Designator (SPD) Codes) states that SPD code MBK is used for enlisted soldiers voluntarily released from active duty or transfer upon the completion of required active service who are eligible to reenlist.

13. 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 (Regular Army and Army Reserve Enlistment Program) 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.

14. RE code 3 applies to persons not qualified for continued Army service but the disqualification is waivable. Paragraph 4-10 of Army Regulation 601-210 states that any applicant who, during their last period of service, had AWOL or lost time of 5 days or less regardless of the type of separation or RE code will be required to have a waiver for enlistment.

CONCLUSIONS:

1. Although there is conflicting information in the applicant's records, his contention that he was never charged with being AWOL is reasonably supported by the preponderance of the evidence of record.

2. Although the applicant's DA Form 2-1 and Enlisted Record Brief show he had 3 days of AWOL, his Enlisted Record Brief also shows that he was fully eligible for reenlistment, i.e., that his reenlistment eligibility prohibition code was 10. If the applicant had lost time due to AWOL, that code should have been 9A.

3. Records at DFAS failed to reveal that the applicant was charged with AWOL.

4. More importantly, the applicant was promoted to Sergeant, E-5 after he allegedly was charged with AWOL. Had he actually been charged with AWOL in July 2000, he would have been placed in a nonpromotable status. The Board believes that his promotion to Sergeant, E-5 would have been stopped by either his commander or the personnel service battalion had he actually been charged with AWOL.

5. Absent the applicant being charged with AWOL, there is no other identifiable evidence of record that would have led to his being given an RE code of 3.
6. Since the Board agrees with the applicant's contention that he had no lost time, there are several errors on his DD Form 214 that require correction besides the RE code. Item 12c should reflect he completed 5 years and 2 days of net active service that period. Item 26 should reflect he was given an SPD code of MBK. Item 27 should reflect he was given an RE code of 1. Item 29 should reflect that he had no lost time.

7. In view of the foregoing, the applicant’s records should be corrected as recommended below.

RECOMMENDATION:

1. That the applicant's DA Form 2-1 and Enlisted Record Brief be corrected by showing that the applicant had no lost time.

2. That the applicant's DD Form 214 be corrected:

a. in item 12c to reflect that he completed 5 years and 2 days of net active service that period;

b. in item 26 to reflect that he was given an SPD code of MBK;

c. in item 27 to reflect that he was given an RE code of 1; and

d. in item 29 to show that he had no lost time.

BOARD VOTE:

__mhm___ __clg__ _mmb____ GRANT AS STATED IN RECOMMENDATION

________ ________ ________ GRANT FORMAL HEARING

________ ________ ________ DENY APPLICATION




                  __Melvin H. Meyer_____
                  CHAIRPERSON

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INDEX

CASE ID	AR2002077616
SUFFIX
RECON
DATE BOARDED	20030422
TYPE OF DISCHARGE
DATE OF DISCHARGE
DISCHARGE AUTHORITY
DISCHARGE REASON
BOARD DECISION	GRANT
REVIEW AUTHORITY	Mr. Schneider
ISSUES 1.	100.03
2.
3.
4.
5.
6.