IN THE CASE OF:
BOARD DATE: 13 January 2009
DOCKET NUMBER: AR20080016973
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 correction of his Certificate of Release or Discharge from Active Duty (DD Form 214) to change his Separation Code of LBK and Reentry Code of 3.
2. The applicant states, in effect, that his separation program designator (SPD) code LBK and reentry eligibility (RE) code of 3 indicate that he was flagged at the time of his separation. He states that he has no recollection of signing a waiver or of being flagged. When he received his DD Form 214 he only looked to see that his service was honorable. He had no idea what the reentry code meant until recently. He has obtained an associate degree and wants to enroll in the Reserve Officer Training Corps (ROTC) program. He wants to reenter the Army as an officer.
3. The applicant provides no supporting documentation.
CONSIDERATION OF EVIDENCE:
1. Title 10, U.S. Code, section 1552(b), provides that applications for correction of military records must be filed within 3 years after discovery of the alleged error or injustice. This provision of law also allows the Army Board for Correction of Military Records (ABCMR) to excuse an applicants failure to timely file within the 3-year statute of limitations if the ABCMR determines it would be in the interest of justice to do so. While it appears the applicant did not file within the time frame provided in the statute of limitations, the ABCMR has elected to conduct a substantive review of this case and, only to the extent relief, if any, is granted, has determined it is in the interest of justice to excuse the applicants failure to timely file. In all other respects, there are insufficient bases to waive the statute of limitations for timely filing.
2. The applicants DD Form 214 shows that he enlisted in the Regular Army on 18 September 2002. He was awarded military occupational specialty 11C (Indirect Fire Infantryman). He was subsequently assigned to Fort Lewis, Washington.
3. On 1 April 2004, the applicant was promoted to specialist, pay grade E-4.
4. The applicants Enlisted Record Brief, dated 1 June 2005, shows in Section III, Service Data, that he was assigned a reenlistment prohibition code 9X barring him from further reenlistment. The specific reason for this action is not contained in the available records.
5. On 17 September 2005, the applicant was released from active duty due to completion of required active service and transferred to the United States Army Reserve Control Group (Reinforcement). He had attained the rank of specialist four, pay grade E-4, and had completed 3 years of creditable active duty service.
6. He was given an SPD code of LBK and an RE code of 3. His character of service was honorable.
7. Army Regulation 601-210 (Active and Reserve Components Enlistment Program) prescribes eligibility criteria, policies, and procedures for enlistment and processing into the Regular Army (RA) and the Army Reserve. Chapter 3 of that regulation prescribes basic eligibility for prior service applicants for enlistment and includes a list of armed forces RE codes including RA RE codes. RE 3 applies to persons separated from their last period of service with a waivable disqualification. That regulation further provides that RE codes may only be changed if they are determined to be administratively incorrect.
8. Army Regulation 635-5-1 (SPD Codes) provides the specific authorities, 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 upon the guidance provided in Army Regulation 635-5-1 for Soldiers separating under the provisions of Army Regulation 635-200 (Personnel Separations), chapter 2, who were ineligible for reenlistment. Additionally, the SPD/RE Code Cross Reference Table establishes RE code 3 as the proper RE code to assign to Soldiers for this reason.
DISCUSSION AND CONCLUSIONS:
1. The applicant contends, in effect, that his SPD and reentry code are wrong and should be changed to permit his entry into the ROTC program.
2. The evidence of record clearly shows that the applicant was barred to reenlistment.
3. The Reentry Code 3 on his DD Form 214 establishing his ineligibility for enlistment/reenlistment without waiver was correctly entered on his separation document in accordance with governing regulations. There is no evidence of error or injustice.
4. In view of the foregoing, there is no basis for granting the applicant's request.
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) AR20070016793
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ABCMR Record of Proceedings (cont) AR20080016973
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