RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        19 MAY 2005
      DOCKET NUMBER:  AR20040006223


      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             |
|     |Ms. Deborah L. Brantley           |     |Senior Analyst       |


      The following members, a quorum, were present:

|     |Mr. Raymond Wagner                |     |Chairperson          |
|     |Ms. Barbara Ellis                 |     |Member               |
|     |Ms. LaVerne Douglas               |     |Member               |

      The Board considered the following evidence:

      Exhibit A - Application for correction of military records.

      Exhibit B - Military Personnel Records (including advisory opinion,
if any).

THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:

1.  The applicant requests that his RE (Reentry) Code be corrected to RE-1.

2.  The applicant states he completed his 4-year enlistment and was
voluntarily separated from active duty.  He states he is unaware of any
reason why his separation document should reflect a RE Code of 3.  He
states there were no medical or punitive issues that he was aware of.

3.  The applicant provides a copy of his Department of the Army Form 2-1
(Personnel Qualification Record) in support of his request.

CONSIDERATION OF EVIDENCE:

1.  Records available to the Board indicate that the applicant enlisted in
the Regular Army, in pay grade E-2, for a period of 4 years on 29 August
1997.  His separation date was scheduled for 28 August 2001.

2.  The applicant was 19 years old at the time of his enlistment, he was a
high school graduate, a United States citizen, and all of his aptitude area
scores were over 90, including his GT (general technical) score, which
exceeded 100.

3.  The applicant successfully completed training and was assigned to
Hunter Army Air Field, Georgia, for the duration of his enlistment
contract.  He was promoted to pay grade E-3 in February 1999 and to pay
grade E-4 in August 1999.  There was no indication of any disciplinary
action, no evidence of any lost time, and no evidence of any weight,
health, of physical fitness problems.

4.  On 28 August 2001 the applicant was released from active duty, with an
honorable characterization of service, at the completion of his enlistment
contract.  He did not receive any sort of severance pay.  His RE Code is
recorded as “3” and his separation code (SPD) as “LBK.”

5.  Army Regulation 635-5-1 states that SPD codes are three-character
alphabetic combinations which identify reasons for, and types of,
separation from active duty.  The sole purpose of SPD codes is to provide
statistical accounting of reasons for separation.  It notes that code “MBK”
reflects the voluntary separation of soldiers at the completion of their
required period of service and code “LBK” reflects the separation of a
soldier who was involuntarily separated at the completion of his required
period of service because he was ineligible for or barred from
reenlistment.

6.  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 United States Army Reserve.
Chapter 3 of that regulation prescribed basic eligibility for prior service
applicants for enlistment.  That chapter included a list of armed forces RE
codes, including RA RE codes.  RE-3 applies to those individuals who were
not considered fully qualified for reenlistment or continuous service at
the time of separation, but for which a subsequent request for waiver could
be submitted for the purpose of reenlistment at a later date under the
provisions of Army Regulation 601-210.  RE-1 applied to individuals who
were fully qualified for reenlistment/enlistment when last separated.

7.  A “cross-reference” chart, provided by officials from the separations
branch at the Army’s Personnel Command, notes that RE-3 is the appropriate
RE code for individuals who receive an SPD code of LBK and that RE-1 is
appropriate for individuals separated with SPD code MBK

8.  Army Regulation 601-280 establishes the requirements for eligibility
for the reenlistment of Army Soldiers.  It states that in order to qualify
for reenlistment a Soldier must be at least 18 years old and not more than
55 at the new separation date, must be a US citizen, possess a high school
diploma or GED (General Education Diploma), meet medical retention
standards, pass the Army Physical Fitness Test, meet height and weight
standards, and not exceed retention control points for their particular
grade (10 years for E-4).  It also cites several moral and administrative
issues which may be grounds for disqualification including AWOL, court-
martial, UCMJ (Uniform Code of Military Justice) actions, pending
involuntary separation, or signing a Declination of Continued Service.
Declinations do apply to first term Soldiers.

9.  An entry on the applicant’s automated Enlisted Record Brief notes that
the applicant was not eligible for reenlistment and cited code “9X” as the
reason for disqualification.  A review of Immediate Reenlistment
Prohibition (ERUP) codes indicates that code “9X” applies to “Other
Disqualification-Not Otherwise Identified.”  There are several other
disqualification codes ranging from “9A” to “9Z.”  In each instances the
“9” codes applies to a specific reenlistment disqualifier, such as, being
in a nonpromotable status, field and Department of the Army level bars to
reenlistment, exceeding the allowable retention control



point for a particular grade, exceeding the maximum age, lack of a required
education level, not meeting citizenship criteria, being overweight,
refusing to meet length of service requirements, etc.

DISCUSSION AND CONCLUSIONS:

1.  The evidence available to the Board does confirm that the applicant
received the appropriate RE Code associated with his SPD Code.  However,
there is no indication in available records which suggests the basis for
his being disqualified for reenlistment.  Even his ERUP Code of 9X fails to
clarify the basis for his disqualification.

2.  A review of available records suggests that the applicant met all of
the requirements for immediate reenlistment.  While the Board could presume
that the applicant’s RE and SPD Codes were appropriately assigned, and
notes that his RE-3 is waivable should he desire to enlist in the future,
the fact that the basis for the disqualification is not readily apparent
creates an injustice that the applicant may not be adequately equipped to
address or appeal should he decide to return to military service at a later
date.

3.  The evidence confirms that the applicant was a first term Soldier who
was released from active duty on his scheduled separation date with no
indication that he failed to qualify for reenlistment at the time of his
separation.  As such, in the interest of justice and equity it would be
appropriate to change the applicant’s RE Code to RE-1 and to adjust his SPD
Code to MBK to reflect his voluntary separation at the completion of his
required period of service.

BOARD VOTE:

___RW  _  ___BE __  ___LD __  GRANT FULL RELIEF

________  ________  ________  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION






BOARD DETERMINATION/RECOMMENDATION:

The Board determined that the evidence presented was sufficient to warrant
a recommendation for relief.  As a result, the Board recommends that all
Department of the Army records of the individual concerned be corrected:

      a.  by showing his RE Code as RE-1 vice RE-3; and


      b.  by changing his SPD Code from LBK to MBK.




                                  ____ Raymond Wagner_____
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20040006223                           |
|SUFFIX                  |                                        |
|RECON                   |YYYYMMDD                                |
|DATE BOARDED            |20050519                                |
|TYPE OF DISCHARGE       |(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)    |
|DATE OF DISCHARGE       |YYYYMMDD                                |
|DISCHARGE AUTHORITY     |AR . . . . .                            |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |GRANT                                   |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |112.00                                  |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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