RECORD OF PROCEEDINGS
IN THE CASE OF:
BOARD DATE: 25 JANUARY 2005
DOCKET NUMBER: AR2004107135
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:
| |Ms. Kathleen Newman | |Chairperson |
| |Mr. James Anderholm | |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. In effect, the applicant requests that his reentry (RE) code on his
DD Form 214 be changed from “3” to “1.”
2. The applicant states that he was never informed the reason why he
received an RE code of 3. He has not received his DD Form 214, but only
has the worksheet.
3. The applicant provides a copy of his DD Form 214 worksheet.
CONSIDERATION OF EVIDENCE:
1. The applicant served on active duty from 20 November 1992 through
26 January 1993, when he was discharged in the rank of private because
of entry level status performance and conduct. His discharge was
uncharacterized.
2. The applicant’s DD Form 214 worksheet shows that he entered on active
duty on 6 January 2000 and was released from active duty on 5 January 2004,
his ETS (expiration of term of service), with the rank and pay grade of
private first class, E-3, respectively. His separation code on his DD Form
214 worksheet is “LBK” and his reentry code is “3.”
3. Army Regulation 601-280 prescribes the eligibility criteria for
reenlistment in the Regular Army, and states in pertinent part, that
Soldiers in the rank of private first class are not authorized to reenlist.
3. Army Regulation 635-5-1 prescribes the specific authorities (regulatory
or other directives), reasons for separating Soldiers from active duty, and
the SPD (separation) codes to be entered on the DD Form 214. It states
that enlisted Soldiers ineligible for, barred from, or otherwise denied
reenlistment who are separated at ETS receive a separation code of LBK and
a reentry code of 3.
DISCUSSION AND CONCLUSIONS:
1. The applicant was ineligible to reenlist. His reentry code of “3” on
his DD Form 214 worksheet is correct.
2. Consequently, his request to change his reentry code is not warranted.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
___KN __ ___JA___ ___LD___ 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.
____Kathleen Newman______
CHAIRPERSON
INDEX
|CASE ID |AR2004107135 |
|SUFFIX | |
|RECON |YYYYMMDD |
|DATE BOARDED |20050125 |
|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. |100.00 |
|2. | |
|3. | |
|4. | |
|5. | |
|6. | |
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