IN THE CASE OF:	  

	BOARD DATE:	  12 June 2008

	DOCKET NUMBER:  AR20080004054 


THE BOARD CONSIDERED THE FOLLOWING EVIDENCE:

1.  Application for correction of military records (with supporting documents provided, if any).

2.  Military Personnel Records and advisory opinions (if any).


THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:

1.  The applicant requests, in effect, a change to his reentry (RE) code.   

2.  The applicant states, in effect, that he believes there was a typographical error in the RE code entry on his separation document (DD Form 214), as he ended his service under honorable conditions.  He states that he was not under a suspension of favorable personnel actions (FLAGGED) for being overweight or for failing the Army Physical Fitness Test (APFT), and he completed his required active duty service and then some due to stop-loss.   

3.  The applicant provides no additional documentary evidence in support of his application.  

CONSIDERATION OF EVIDENCE:

1.  The applicant's record shows that he enlisted in the Regular Army and entered active duty on 27 July 2000.  He was trained in and awarded military occupational specialty (MOS) 25B (Information Systems Operations Analyst), and sergeant is the highest rank he attained while serving on active duty.  

2.  The applicant's record shows that during his active duty tenure, he served in Iraq from 19 March through 15 October 2003, and again from 2 December 2005 through 2 December 2006.  


3.  The applicant's record also shows that he earned the following awards during his active duty tenure:  Army Commendation Medal; Army Achievement Medal (2nd Award); Army Good Conduct Medal; National Defense Service Medal; Army Global War on Terrorism Expeditionary Medal; Global War on Terrorism Service Medal; Iraq Campaign Medal; Army Service Ribbon; and Overseas Service Ribbon.   

4.  On 28 February 2007, the applicant was honorably discharged, in the rank of SGT, after completing a total of 6 years, 7 months, and 3 days of active military service.  The DD Form 214 he was issued at the time shows, in Item 25 (Separation Authority), that he was separated under the provisions of Chapter 4, Army Regulation 635-200.  Item 26 (Separation Code) shows he was assigned a Separation Program Designator (SPD) code of LBK and Item 27 shows he was assigned an RE code of 3.  Item 28 (Narrative Reason for Separation) lists the reason for his separation as completion of required active service.  The applicant authenticated the separation document with his signature in Item 21 (Signature of Member Being Separated) on the date of his discharge.  

5.  Army Regulation 601-210 covers eligibility criteria, policies, and procedures for enlistment and processing into the Regular Army (RA) and the United States Army Reserve (USAR).  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.  RE-4 applies to persons who have a nonwaivable disqualification.  RE-3 applies to persons who have a waivable disqualification.  

6.  Army Regulation 635-5-1 (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.  It states, in pertinent part, that the SPD code LBK is the appropriate code to assign to RA Soldiers ineligible for, barred from, or otherwise denied reenlistment that are separated on completion of enlistment and are separated under the provisions of Chapter 4, Army Regulation 635-200, by reason of completion of required active service.  The SPD/RE Code Cross Reference Table stipulates that an RE-3 code will be assigned to members separated under these provisions with an SPD code of LBK.   

DISCUSSION AND CONCLUSIONS:

1.  The applicant's contention that his record of service supports the assignment of an RE-1 code was carefully considered.  However, there is insufficient evidence to support his claim.  

2.  By regulation, RE-3 is the proper code to assign to members who are assigned an SPD code of LBK and who are discharged at the completion of their required active duty service.  The evidence of record contains a properly constituted DD Form 214 that shows the applicant was discharged under the provisions of Chapter 4, Army Regulation 635-200, by reason of completion of required active service, and that he was assigned an SPD code of LBK and an RE code of 3.  This separation document carries with it a presumption of Government regularity.  

3.  The record confirms the applicant authenticated the DD Form 214 with his signature on the date of his discharge.  In effect, his signature was his verification that the information contained on the separation document, to include the 
RE code entry, was correct at the time the separation document was prepared and issued.  Therefore, absent evidence to the contrary, it is presumed the 
RE-3 code assigned was and remains valid.  As a result, there is an insufficient evidentiary basis to support a change to the RE code at this time.  

4.  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.

5.  The applicant is advised that although no change to his RE code is being recommended, he still has an opportunity to enlist.  RE-3 applies to persons who are not considered fully qualified for reentry or continuous service; however, a waiver of the disqualification is allowed.  Therefore, if he desires to enlist, he should contact a local recruiter to determine his eligibility.  Those individuals can best advise a former service member as to the needs of the Army at the time, and are required to process waivers of RE codes. 

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

___x____  ___x ____  ___x____  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.




       _    _x______   ___
       CHAIRPERSON
      
I certify that herein is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in this case.

ABCMR Record of Proceedings (cont)                                         AR20080004054



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ABCMR Record of Proceedings (cont)                                         AR20080004054



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