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ARMY | BCMR | CY2006 | 20060004490C070205
Original file (20060004490C070205.doc) Auto-classification: Denied



                            RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        14 November 2006
      DOCKET NUMBER:  AR20060004490


      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. Curtis L. Greenway            |     |Chairperson          |
|     |Mr. Thomas M. Ray                 |     |Member               |
|     |Ms. Peguine M. Taylor             |     |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 separation code of "LBK"
and reentry (RE) code of RE "3" be changed to more favorable codes.

2.  The applicant states, in effect, that he completed his enlistment and
received an honorable discharge.

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
(USAR) on 26 June 1998, for 8 years, with an established expiration of term
of service (ETS) of 25 June 2006.  He was ordered to active duty for
training (ADT) on 1 September 1998.  He successfully completed basic combat
training and advanced individual training at Fort Leonard Wood, Missouri. 
On completion of his advanced training, he was awarded the military
occupational specialty (MOS), 62F, Crane Operator.  He was released from
ADT on 4 March 1999.  He was advanced to pay grade E-3 effective 1 November
1999.  He continued to serve in the USAR until he was honorably discharged
on 6 February 2000, in order to enlist in the Regular Army.

2.  The applicant's record shows he enlisted in the Regular Army on
7 February 2000, in military occupational specialty (MOS) 62F, Crane
Operator, for 4 years, with an ETS of 6 February 2004, in pay grade E-3.
He was advanced to pay grade E-4 effective 1 January 2003.

3.  The applicant was honorably released from active duty (REFRAD) on
6 February 2004, under the provisions of Army Regulation 635-200, chapter
4, due to completion of required active service.  He had a total of
4 years, 6 months, and 04 days of creditable active duty service.  He had
a reserve obligation termination date of 25 June 2006.  He was issued a
separation code of "LBK" and an RE Code of "3."

4.  The Army Human Resources Command Integrated WEB Services identified the
applicant as failing to meet height/weight standards and that he entered
into the Weight Control Program on 15 October 2003.



5.  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.

6.  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.

7.  RE-1 applies to persons completing their service and who are considered
qualified to reenter the Army.

8.  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 (Separation
Program Designator) to be used for these stated reasons.  The regulation
shows that the SPD of "LBK" as shown on the applicant's DD Form 214 is
appropriate for involuntary release from active duty (REFRAD) or transfer
when the narrative reason for discharge is "Completion of Required Active
Service."  The SPD of "KBK" is appropriate for voluntary discharge when the
narrative reason for discharge is "Completion of Required Active Service."
Except for those with a DCSS (Declination of Continued Service Statement)
in force, "KBK" is to be used for RA Soldiers ineligible for, barred from,
or otherwise denied reenlistment that are separated on completion of
enlistment.

9.  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 "LBK" has a
corresponding RE code of "3" and the SPD code of "KBK" has a corresponding
RE Code of "1 or 3."

DISCUSSION AND CONCLUSIONS:

1.  The applicant was honorably released from active duty on 6 February
2004, under the provisions of Army Regulation 635-200, chapter 4, due to
completion of required active service.  He was issued a Separation Code of
"LBK" that has a corresponding RE Code of "3."
2.  The evidence shows the applicant did not meet height and weight
standards and had been enrolled in the Army's Weight Control Program and
was ineligible to reenlist and therefore was involuntarily separated at the
expiration of his term of service.  This applicant is therefore not
eligible for a change to his separation code and his reentry code.

3.  The applicant's Separation Code of "LBK" and RE Code of "3" is
consistent with the basis for his involuntary release from active duty due
to completion of required service.

4.  The applicant has failed to show, through the evidence submitted with
his application or the evidence of record, that his involuntary release
from active duty which resulted in receiving a Separation Code of "LBK" and
RE Code of RE "3" were in error or unjust.

5.  There is no basis upon which a change, of the Separation Code or RE
Code on the applicant's DD Form 214, can be supported.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

________  ________  ________  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

_TMR___  ___CSG_  _PMT___  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.




                                  ____Curtis L. Greenway ___
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20060004490                           |
|SUFFIX                  |                                        |
|RECON                   |YYYYMMDD                                |
|DATE BOARDED            |20061114                                |
|TYPE OF DISCHARGE       |HD                                      |
|DATE OF DISCHARGE       |20040206                                |
|DISCHARGE AUTHORITY     |AR 635-200, chapter 4                   |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |DENY                                    |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |100                                     |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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