| Mr. Carl W. S. Chun | Director | |
| Mr. William Blakely | Analyst |
| Ms. Joann H. Langston | Chairperson | ||
| Ms. Regan K. Smith | Member | ||
| Mr. John T. Meixell | Member |
APPLICANT REQUESTS: In effect, that his reentry (RE) code of RE-3 be changed to RE-1.
APPLICANT STATES: In effect, that his RE-3 code is incorrect because he was honorably discharged by reason of expiration term of service (ETS). In support of his application, he submits a copy of his separation document (DD Form 214), discharge orders from the United States Army Reserve (USAR), and an Honorable Discharge Certificate from the USAR.
EVIDENCE OF RECORD: The applicant's military records show:
On 29 July 1987, the applicant entered active duty in the Regular Army for four years. He completed training and was awarded military occupational specialty (MOS) 51M (Firefighter). The record also shows that the highest rank he attained while serving on active duty was specialist/E-4 (SP/E-4).
The specific facts and circumstances pertaining to the assignment of the applicant’s RE-3 code at separation are not on file. However, his record does contain a properly constituted separation document that was authenticated by the applicant with his signature on the date of his separation.
The applicant’s DD Form 214 confirms that he was honorably released from active duty on 28 July 1991, after completing a total of four years of active military service. It also verifies that the authority for his discharge was chapter 4, Army Regulation 635-200, and that the narrative reason for his separation was ETS. The DD Form 214 also shows that the applicant was assigned a Separation Program Designator (SPD) code of LBK and an RE code of 3.
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 processing into the Regular Army and the USAR. Chapter 3 of that regulation prescribed basic eligibility for prior service personnel. That chapter included a list of armed forces RE codes. RE-3 applied to persons who is not considered fully qualified for reentry or continuous service at the time of separation but, the disqualification is waivable.
Army Regulation 635-5-1 (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. The SPD code of LBK is assigned to soldiers who are separated under the provisions of chapter 4, Army Regulation 635-200 at ETS when they are ineligible for, barred from, or otherwise denied reenlistment.
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 Board notes the applicant’s contentions that his RE-3 code should be changed because he was honorably discharged at his ETS. However, the Boards finds an insufficient evidentiary basis to support this claim.
2. The evidence of record confirms that the applicant was honorably released from active duty at his ETS and that he was assigned an RE-3 code. The record is void of the specific facts and circumstances surrounding this RE code assignment. However, the record does contain a properly constituted DD Form 214 that contained the authority and reason for the applicant’s discharge and the corresponding SPD and RE code assignments.
3. The evidence also confirms that the applicant authenticated this document with his signature on the date of his separation, thereby verifying that the information contained therein was correct at the time the document was prepared and issued. Thus, the Board presumes government regularity in the applicant’s separation processing and concludes that his separation, to include the RE code assignment, was accomplished in accordance with applicable regulations.
4. Lacking evidence to the contrary, the Board is satisfied that all requirements of law and regulation were met and that the applicant’s rights were fully protected throughout his separation processing. Therefore, the Board concludes that there is insufficient evidence to support a change to the RE-3 code assigned the applicant at separation, and that the code was and is still applicable.
5. 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.
6. 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
RKS__ __JM___ __JHL _ DENY APPLICATION
| CASE ID | AR2003085252 |
| SUFFIX | |
| RECON | |
| DATE BOARDED | |
| TYPE OF DISCHARGE | (HD, GD, UOTHC, UD, BCD, DD, UNCHAR) |
| DATE OF DISCHARGE | |
| DISCHARGE AUTHORITY | AR . . . . . |
| DISCHARGE REASON | |
| BOARD DECISION | DENY |
| REVIEW AUTHORITY | |
| ISSUES 1. 4 | 100.0300 |
| 2. | |
| 3. | |
| 4. | |
| 5. | |
| 6. |
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