RECORD OF PROCEEDINGS
IN THE CASE OF:
BOARD DATE: 13 February 2007
DOCKET NUMBER: AR20060009880
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.
X
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 the reentry (RE) code listed in Item 27 (Reentry Code) of his separation document (DD Form 214), dated 5 April 2006, be corrected to show RE-1 vice NA [not applicable].
2. The applicant states, in effect, that he is requesting that his RE Code be changed so they he may enlist in the United States Coast Guard (USCG).
3. The applicant provides no additional documentation in support of his application.
CONSIDERATION OF EVIDENCE:
1. The applicant's records shows he initially enlisted in the Regular Army and entered active duty on 6 July 1999. He continuously served in that status until being honorably released from active duty (REFRAD) on 5 July 2003, at which time he was transferred to the United States Army Reserve (USAR) for completion of his military service obligation.
2. The applicant's records show that on 2 October 2005, while he was a member of the USAR, he was ordered to active duty.
3. Mobilization Center Shelby, Camp Shelby, Mississippi, General Permanent Orders Number 067-501, dated 8 March 2006, directed the applicants temporary change of station (TCS) to Fort Campbell, Kentucky, in support of Operation Iraqi Freedom, with a reporting date of 15 March 2006.
4. On 5 April 2006, the applicant was honorably REFRAD. The DD Form 214 he was issued at this time shows he was REFRAD under the provisions of chapter 4, Army Regulation 635-200, by reason of completion of required active duty service. Item 26 (Separation Code) shows he was assigned a Separation Program Designator (SPD) code of LBK and Item 27 (Reentry Code) contains the entry "NA."
5. Army Regulation 635-5-1 (Separation Program Designator (SPD) Codes) provides the specific authorities (regulatory or directive), reasons for separating Soldiers from active duty, and the SPD codes to be entered on the DD Form 214. The SPD code of LBK was the appropriate code for the applicant based on the guidance provided in Army Regulation 635-5-1 for Soldiers separating upon completion of required active duty service who were ineligible for, barred from, or otherwise denied reenlistment.
6. The SPD/RE Code Cross Reference Table of the SPD code regulation states, in pertinent part, that RE Codes are not applicable to officers, United States Military Academy (USMA) cadets who fail to graduate or enter the USMA from active duty status, or to Reserve Components (RC) Soldiers being separated for other than cause.
DISCUSSION AND CONCLUSIONS:
1. The applicant's contention that his RE Code should be corrected to read RE-1 vice "NA" so that he may enlist in the USCG was carefully considered. However, there is insufficient evidence to support this claim.
2. By regulation RE codes are not applicable to Reserve Component Soldiers who are being separated for other than cause. As a result, the entry of "NA" listed in Item 27 (Reentry Code) of the applicant's DD Form 214 was and remains the appropriate entry for Item 27 of his 5 April 2006 DD Form 214.
3. In order to justify correction of a military record the applicant must show to the satisfaction of the Board, or it must otherwise satisfactorily appear, that the record is in error or unjust. The applicant has failed to submit evidence that would satisfy this requirement.
4. The applicant is advised that the NA RE code entry in question is not a disqualification for enlistment/reenlistment. While enlistment in the USCG is not within the purview of this Board, the RE entry in question alone should not be a basis for him to be denied enlistment. The applicant is advised to contact a USCG recruiter and provide him/her a copy of this decisional document to determine his eligibility for enlistment in that service and if denied, to pursue this matter through appropriate USCG channels.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
__X__ _X__ __X_ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
1. The Board determined that 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.
2. As a result, the Board further determined that there is no evidence provided which shows that it would be in the interest of justice to excuse the applicant's failure to timely file this application within the 3-year statute of limitations prescribed by law. Therefore, there is insufficient basis to waive the statute of limitations for timely filing or for correction of the records of the individual concerned.
_____X_____
CHAIRPERSON
INDEX
CASE ID
AR20060009880
SUFFIX
RECON
YYYYMMDD
DATE BOARDED
2007/02/13
TYPE OF DISCHARGE
HD
DATE OF DISCHARGE
2006/04/05
DISCHARGE AUTHORITY
AR635-200 . . . . .
DISCHARGE REASON
BOARD DECISION
DENY
REVIEW AUTHORITY
Mr. Schwartz
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