RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:           07 OCTOBER 2004
      DOCKET NUMBER:   AR2004101387


      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             |
|     |Mr. Kenneth H. Aucock             |     |Analyst              |


      The following members, a quorum, were present:

|     |Mr. Walter Morrison               |     |Chairperson          |
|     |Mr. Paul Smith                    |     |Member               |
|     |Mr. Patrick McGann                |     |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 the reentry code of "3" on his DD Form 214
(Certificate of Release or Discharge from Active Duty) be changed to "1" in
order for him to enter on active duty.

2.  The applicant states that he has an honorable discharge, but needs the
reentry code changed.

3.  The applicant provides a copy of a letter from a Member of Congress.

CONSIDERATION OF EVIDENCE:

1.  The applicant's completed military records are unavailable.  The
records that are available shows that he was on active duty for training
from 20 May 1997 to 17 September 1997 when he was released and transferred
to a Reserve component unit in Bayshore, New York.

2.  His DD Form 4 (Enlistment Document) shows that he enlisted in the Army
for 3 years on 10 February 1999.  His enlisted record brief (ERB) shows
that he was assigned to Fort Hood, Texas.  His ERB also shows that his PEBD
(pay entry basic date) was 18 February 1997 and his BASD (basic active
service date) was 12 October 1998.  He was promoted to pay grade E-4 on 1
October 2000.

3.  On 22 March 2002 the applicant was released from active duty under the
provisions of Army Regulation 635-200, chapter 4, with an honorable
characterization of service, because he completed his required active
service.  That form shows that he entered on active duty on 12 October
1998, that his service was extended at the request and for the convenience
of the government, that his separation code was "LBK," that his reentry
code was "3," and that he had lost time from 4 December 2001 to 17 December
2001.

4.  The applicant was reassigned to the 408th Personnel Services Battalion,
a Reserve unit at Fort Totten, New York.  Thereafter, he was apparently
assigned to the Army Reserve Control Group (Annual Training) in that orders
were prepared on 13 September 2002 reassigning him from that control group
to the 140th Quartermaster Company at Fort Totten.  On 14 December 2002 he
was reassigned back to the control group because he was a no-show, i.e., he
failed to show up for his assignment to the 140th.  On 25 March 2003 he was
reassigned from the control group again to the 408th.

5.  Army Regulation 635-200, chapter 4 states that an enlisted Soldier will
be separated upon expiration of his term of enlistment.  Pertinent Army
regulations provide that prior to discharge or release from active duty,
individuals will be assigned reentry (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 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.  A reentry code of “3” indicates that a person is
ineligible for reenlistment unless a waiver is granted.  A waiver is
required for any applicant who, during their last period of service, had
AWOL (absent without leave) or lost time.  Any applicant who had 6 or more
days of AWOL or lost time     regardless of type of separation or RE code
will be required to have a waiver for enlistment.  Recruiting personnel are
authorized to process requests for waiver.  The Commanding General, Human
Resources Command, is the approval authority.

6.  Army Regulation 601-210 also states in pertinent part that prior
service personnel will be advised that RE codes may be changed only if they
are determined to be administratively incorrect.  Applicants who have
correct RE codes will be processed for a waiver at their request if
otherwise qualified and waiver is authorized.

7.  Army Regulation 635-5-1 prescribes the policy for standardization of
separation program designator (SPD) codes.  SPD codes are three-character
alphabetic combinations which identify reasons for, and types of,
separation from active duty.  A separation code of  “LBK” identifies an
enlisted soldier discharged under the provisions of Army Regulation 635-
200, Chapter 4, for completion of required active service, who is
ineligible for, barred from, or otherwise denied reenlistment.

DISCUSSION AND CONCLUSIONS:

1.  The date that the applicant enlisted as shown on his enlistment
document,   10 February 1999, and the date that he entered on active duty
as shown on his DD Form 214, 12 October 1998, cannot be reconciled.
Nonetheless, the applicant completed his active duty service; however,
having been retained beyond his ETS (expiration date of service).  The
reason for this retention beyond his ETS is unknown.

2.  The applicant's DD Form 214 indicates that he had lost time during his
period of service, and that he was ineligible for reenlistment without a
waiver, mandating a reentry code of "3" on his DD Form 214.  Consequently,
his reentry code is correct.  There is no error in his records or any
injustice done to the applicant.

3.  Therefore, the applicant's request to correct is reentry code is not
granted.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

________  ________  ________  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

__WM  __  __PS ___  ___PM __  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The evidence presented does not demonstrate the existence of a probable
error or injustice.  Therefore, the Board determined that the overall
merits of this case are insufficient as a basis for correction of the
records of the individual concerned.





            ____Walter Morrison_____
                    CHAIRPERSON




                                    INDEX

|CASE ID                 |AR2004101387                            |
|SUFFIX                  |                                        |
|RECON                   |YYYYMMDD                                |
|DATE BOARDED            |20041007                                |
|TYPE OF DISCHARGE       |(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)    |
|DATE OF DISCHARGE       |YYYYMMDD                                |
|DISCHARGE AUTHORITY     |AR . . . . .                            |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |DENY                                    |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |100.60                                  |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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