RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        16 November 2006
      DOCKET NUMBER:  AR20060004444


      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. Joyce A. Wright               |     |Analyst              |


      The following members, a quorum, were present:

|     |Mr. Jeffrey C. Redmann            |     |Chairperson          |
|     |Mr. Robert W. Soniak              |     |Member               |
|     |Mr. David W. Tucker               |     |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, in effect, that his reentry (RE) Code be
changed from RE-3 to RE-1 or his Separation Code be changed from "KBK" to
"LBK."

2.  The applicant states, in effect, that he believes that either his RE
Code is wrong or the Separation Code was mistyped based on the evidence
presented.

3.  The applicant provides a copy of his DD Form 214 (Certificate of
Release or Discharge from Active Duty) in support of his request.

CONSIDERATION OF EVIDENCE:

1.  The applicant's record shows he enlisted in the U. S. Army Reserve on
28 September 1996, for 8 years.  He enlisted in the Regular Army on
5 August 1997, for 3 years, in pay grade E-2, with an established
expiration of term of service (ETS) of 4 August 2000.  The applicant
successfully completed basic combat training and advanced individual
training at Fort Leonard Wood, Missouri. On completion of his one station
unit training (OSUT), he was awarded the military occupational specialty
(MOS), 12B, Combat Engineer.

2.  The applicant was honorably discharged on 8 March 2000, in order to
reenlist.  He reenlisted on 9 March 2000, for 4 years, with an
established ETS of 8 March 2004.  On 25 September 2003, he extended his
enlistment for 9 months with an established ETS of 8 December 2004.

3.  The applicant was promoted to the rank and pay grade, sergeant/E-5 on
31 January 2001.

4.  The applicant was honorably discharged on 31 May 2005, under the
provisions of Army Regulation 635-200, chapter 4, due to completion of
required active service.  He had a total of 7 years, 9 months, and
26 days of creditable service.  He was issued a separation program
designator (SPD) code of "KBK" and an RE Code of "3."

5.  The applicant's records contain no derogatory information; however,
item     18 (Remarks) of the applicant's DD Form 214 shows he signed a
declination for continued service, DA Form 4991-R (Declination of Continued
Service Statement).



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 US 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.

7.  RE-3 applies to persons not qualified for continued Army service, but
the disqualification is waivable for reenlistment after a 2-year period has
elapsed since discharge.

8.  RE-1 applies to persons completing their ETS who are considered
qualified to reenter the Army.

9.  Army Regulation 635-5-1 prescribes the specific authorities
(regulatory, statutory, or other directives), the reasons for the
separation of members from active military service, and the SPD to be used
for these stated reasons.
The regulation shows that the SPD of "KBK" as shown on the applicant's
   DD Form 214 is appropriate for voluntary discharge.  It also shows that
the SPD of "LBK" is appropriate for involuntary release from active duty
(REFRAD) or transfer when the narrative reason for discharge is "Completion
of Required Active Service."

10.  The SPD/RE Code Cross Reference Table, dated September 2005, provides
instructions for determining the RE code for Active Army Soldiers and
Reserve Component Soldiers separated for cause.  It also shows the SPD code
with a corresponding RE code and states that more than one RE code could
apply.  The Soldier’s file and other pertinent documents must be reviewed
in order to make a final determination.  The SPD code of "KBK" has a
corresponding RE Code of "1 or 3" and the SPD code of "LBK" has a
corresponding RE code of "3."

DISCUSSION AND CONCLUSIONS:

1.  The applicant was honorably discharged on 31 May 2005, under the
provisions of Army Regulation 635-200, chapter 4, due to completion of
required active service.  The evidence shows the applicant had voluntarily
signed a declination for continued service and therefore, imposed a bar to
reenlistment upon himself.  He was issued a Separation Code of "KBK" that
has a corresponding RE Code of either "1 or 3".  An RE Code of "3" was
applied to the applicant's DD Form 214.

2.  The applicant's RE Code of "3" is consistent with the basis for his
voluntary discharge due to completion of required service and declination
for continued service.  His records revealed no derogatory information and
nearly 18 months of the 24 months of his eligibility to apply for a waiver
has passed.  The applicant is eligible to apply for a waiver of the RE Code
"3" in June 2007.  He may apply for a waiver at that time if he wishes to
return to military service.

3.  The applicant's separation code, "KBK"  was the correct separation code
at the time of the applicant's discharge and is consistent with the basis
for his voluntary discharge; therefore, the applicant is not entitled to a
change of his separation code of "KBK" in item 26 (Separation Code), of his
DD Form 214.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

________  ________  ________  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

___JCR _  _DWT___  __RWS__  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.




                                  _____Jeffrey C. Redmann____
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20060004444                           |
|SUFFIX                  |                                        |
|RECON                   |YYYYMMDD                                |
|DATE BOARDED            |20061116                                |
|TYPE OF DISCHARGE       |HD20050531                              |
|DATE OF DISCHARGE       |YYYYMMDD                                |
|DISCHARGE AUTHORITY     |AR . . . . .                            |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |GRANT/DENY                              |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |100                                     |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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