IN THE CASE OF:	

		BOARD DATE:	  4 November 2008

		DOCKET NUMBER:  AR20080011749 


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 that his reentry eligibility (RE) code of RE-3 be changed to an RE code of RE-1.

2.  The applicant states he was not given a reason for the assignment of an RE-3 and he is subject to recall to active duty.

3.  The applicant provides a copy of his DD Form 214 (Certificate of Release or Discharge from Active Duty) with a separation date of 17 April 2006 in support of his application.

CONSIDERATION OF EVIDENCE:

1.  The applicant's military personnel record shows he enlisted in the Regular Army on 18 April 2000 for a period of 6 years.  He successfully completed basic combat and advanced individual training and was awarded the military occupational specialty 74D (Chemical Operations Specialist).

2.  The applicant received an NCO (Noncommissioned Officer) Evaluation Report (NCOER) for the period from April 2005 through February 2006.  Part IV – Army Values/Attributes/Skills/Actions (Rater), item a (Army Values), Bullet comments, contains the statement "failed to make any progress in the Weight Control Program."  In Part IV (Rater) – Values/NCO Responsibilities, item c (Physical Fitness & Military Bearing), the applicant was rated as needing some improvement, and the comment "failed to make satisfactory progress in the weight control program" was entered.
3.  On 17 April 2006, the applicant was released from active duty and transferred to U.S. Army Control Group (Reinforcement) [Individual Ready Reserve (IRR)] by reason of his completion of required active service.  He had completed 6 years of active service that was characterized as honorable.

4.  Item 26 (Separation Code) of the applicant's DD Form 214 contains the entry "LBK" and Item 27 (Reentry Code) contains the entry "3."

5.  Army Regulation 635-5-1 (Separation Program Designator (SPD) Codes) prescribes the specific authorities (regulatory, statutory, or other directives), the reasons for the separation of members from active military service, and the separation program designators to be used for these stated reasons.  Table 2-3 (SPD codes applicable to enlisted personnel) shows that the SPD "LBK" as shown on the applicant’s DD Form 214 specifies the narrative reason for discharge as "Completion of Required Active Service."  Note 7 for this code specifies that this code is to be used for Regular Army Soldiers ineligible for, barred from, or otherwise denied reenlistment that are separated on completion of enlistment, except for those with a declination of continued service statement (DCSS) in force.

6.  The SPD/RE Code Cross Reference Table, dated 8 September 2005, shows that the appropriate RE code for the SPD code of LBK is RE-3.

7.  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 (Regular Army and Army Reserve Enlistment Program) provides eligibility criteria, policies, and procedures for enlistment and processing into the Regular Army and the U.S. Army Reserve.

8.  Table 3-1 (U.S. Army reentry eligibility codes) of Army Regulation 601-210 shows that an RE-3 applies to individuals who are not considered fully qualified for reentry or continuous service at the time of separation, but disqualification is waivable.  These individuals are ineligible for enlistment unless a waiver is granted.

9.  Paragraph 3-24 (Correction of Army RE codes) of Army Regulation 601-210 provides that RE codes may be changed only if they are determined to be administratively incorrect.

10.  Army Regulation 601-210 provides that under the provisions of Title 10, U.S. Code, section 12103(d), each person who becomes a member of a U.S. Armed Force, either by enlistment, appointment, or induction, will serve in the U.S. Armed Forces for a total initial period of 8 years.  Any part of such service that is not active duty will be performed in a Reserve Component.  A person's statutory military service runs concurrent with a contractual military service obligation.

11.  Army Regulation 635-5 (Separation Documents) prescribes that for a Soldier being transferred to the IRR, an entry showing the Soldier was subject to active duty recall and/or annual screening is to be entered in Item 18 (Remarks) of his DD Form 214.

12.  Army Regulation 15-185 (Army Board for Correction of Military Records (ABCMR)) prescribes the policies and procedures for correction of military records by the Secretary of the Army, acting through the ABCMR.  The regulation provides that the ABCMR begins its consideration of each case with the presumption of administrative regularity.  The applicant has the burden of proving an error or injustice by a preponderance of the evidence.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends his RE code should be RE-1 because he is subject to recall to active duty.  He further contends the reason for the assignment of an RE-3 was never explained to him.

2.  The ABCMR begins its consideration of each case with the presumption of administrative regularity.  The applicant has the burden of proving an error or injustice by a preponderance of the evidence.

3.   The assignment of SPD code "LBK" on the applicant's DD Form 214 indicates that he was ineligible for, barred from, or otherwise denied reenlistment at the time of his separation.  There is no evidence in the applicant's record showing exactly why the applicant was denied reenlistment.  However, it is noted that entries in the applicant's last NCOER indicated that he was not making progress in the Weight Control Program.

4.  In the absence of evidence to the contrary, the assignment of the SPD code "LBK" is determined to be correct.

5.  The SPD/RE Code Cross Reference Table shows that for the SPD "LBK," an RE code of RE-3 is to be assigned.  Therefore, the applicant's RE code RE-3 is administratively correct.

6.  The applicant had not completed his 8-year statutory military obligation at the time of his separation.  Therefore, he was transferred to the IRR to complete his military obligation and is subject to recall to active service.

7.  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 that requirement.

8.  The applicant is advised that although his RE-3 code was properly assigned, this does not mean that he is totally disqualified from returning to military service.  The disqualification upon which the RE-3 code was based may be waived for enlistment purposes.  The applicant is advised that if he desires to enlist, he should contact a local recruiter who can best advise him on his eligibility for returning to military service.  These individuals can best advise a former service member as to the needs of the service at the time and may process enlistment waivers for the applicant’s RE code.

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)                                         AR20080011749



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ABCMR Record of Proceedings (cont)                                         AR20080011749



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