IN THE CASE OF:
BOARD DATE: 8 January 2009
DOCKET NUMBER: AR20080017384
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 reentry code from 3 to a 1 or 2.
2. The applicant states, in effect, that he ETSd (expiration term of service) for non-medical reasons and thinks that his reentry code 3 was for a medical bar to reenlistment, which he did not have.
3. The applicant provides copies of his DD Form 214 and his separation orders.
CONSIDERATION OF EVIDENCE:
1. The applicants DD Form 214 shows that he enlisted in the Regular Army on
4 February 2003. He was awarded military occupational specialty (MOS) 31B (Military Police). He was subsequently assigned to Fort Hood, Texas, for duty as a vehicle driver and a military policeman.
2. On 29 August 2004, the applicant was promoted to specialist (SPC)/pay grade E-4.
3. The applicants Enlisted Record Brief (ERB) dated 25 January 2006, shows in Section III (Service Data), that he was assigned a reenlistment eligibility prohibition code of 9Z, barring him from further reenlistment.
4. On 30 April 2006, the applicant was released from active duty and transferred to the United States Army Reserve (USAR) Control Group (Reinforcement) to complete his remaining Reserve obligation. He had attained the rank of SP4 and had completed 3 years, 2 months, and 27 days of creditable active service.
5. Accordingly, he was given a separation program designator (SPD) Code of LBK and a reentry code of 3. His character of service was honorable.
6. Army Regulation 680-29 (Military Personnel, Organization, and Types of Transaction Codes) indicates that code 9Z means ineligible for reenlistment due to not meeting acceptable weight standards.
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 USAR. 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 (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 upon the guidance provided in Army Regulation 635-5-1 for Soldiers separating under the provisions of Army Regulation 635-200, Chapter 2, who were ineligible for reenlistment. Additionally, Table 2-3 (SPD/RE Code Cross Reference Table), Army Regulation 635-5 (Separation Documents) establishes RE-3 as the proper RE code to assign to Soldiers for this reason.
DISCUSSION AND CONCLUSIONS:
1. The applicant contends that he ETSd for non-medical reasons and thinks that his RE code 3 was for a medical bar to reenlistment, which he did not have.
2. The evidence of record indicates that the applicant was barred to reenlistment for not meeting acceptable weight standards.
3. The RE code 3, establishing his ineligibility for enlistment/reenlistment, 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
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ABCMR Record of Proceedings (cont) AR20080017384
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ARMY | BCMR | CY2013 | 20130004665
This SPD code is to be used for RA Soldiers ineligible for, barred from, or otherwise-denied reenlistment that are separated on completion of enlistment. Table 3-1 shows the RE codes and states in part: a. RE-1 applies to Soldiers completing their term of active service who are considered qualified to reenter the U.S. Army. The evidence of record shows the applicant voluntarily chose to separate from the Army upon completion of his required active service as shown on his DD Form 2648,...
ARMY | BCMR | CY2011 | 20110023257
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. It states that the SPD Code of "LBK" is the appropriate code to assign Soldiers separated under the provisions of Army Regulation 635-200, chapter 4. _____________x_____________ CHAIRPERSON I certify that herein is recorded the true and complete record of the proceedings of the Army Board for Correction of Military...
ARMY | BCMR | CY2004 | 040006223C070208
The applicant states he completed his 4-year enlistment and was voluntarily separated from active duty. His RE Code is recorded as “3” and his separation code (SPD) as “LBK.” 5. The evidence available to the Board does confirm that the applicant received the appropriate RE Code associated with his SPD Code.
ARMY | BCMR | CY2008 | 20080011749
The applicant's military personnel record shows he enlisted in the Regular Army on 18 April 2000 for a period of 6 years. 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. 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 applicants RE code.
ARMY | BCMR | CY2014 | 20140016964
His DD Form 214 shows he was REFRAD under the provisions of Army Regulation 635-200 (Personnel Separations Active Duty Enlisted Administrative Separations), chapter 4 by reason of completion of required active service. The SPD code of "LBK" is the correct code for RA Soldiers involuntarily REFRAD for completion of required active service under the provisions of Army Regulation 635-200, chapter 4 who sign a Declination of Continued Service Statement or are ineligible for, barred from, or...
ARMY | BCMR | CY2006 | 20060004490C070205
Peguine M. Taylor | |Member | The Board considered the following evidence: Exhibit A - Application for correction of military records. He was ordered to active duty for training (ADT) on 1 September 1998. 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.
ARMY | BCMR | CY2010 | 20100022241
The applicant states that he was enrolled in the Army Weight Control Program (AWCP) and met his weight standard on 4 August 2005 in accordance with Army Regulation (AR) 600-9 (AWCP). The applicant provides copies of a DA Form 5500-R (Body Fat Content Worksheet - Male), DA Form 638 (Recommendation for Award), and DD Form 214 (Certificate of Release or Discharge from Active Duty). AR 600-8-22 (Military Awards) provides policy, criteria, and administrative instructions concerning military...
ARMY | BCMR | CY2011 | 20110024385
His Enlisted Record Brief (ERB), dated 3 June 2009, does not show him flagged at the time. It states that the SPD code KBK is the appropriate code to assign to Soldiers voluntarily separated under the provisions of Army Regulation 635-200, by reason of completion of required active service. The applicant contends his DD Form 214 should be changed to show an SPD of KBK and an RE-1 based on his argument that he had completed his NJP and he was no longer flagged at the time of his discharge.
ARMY | BCMR | CY2010 | 20100007066
The applicant provides a copy of his 1997 DD Form 214 (Certificate of Release or Discharge from Active Duty), a copy of his January 1996 local bar to reenlistment, three character references, a 1991, 1992 and 1993 Army Achievement Medal, a 1995 and 1996 Army Commendation Medal, and a 1994 Academic Evaluation Report from the Fort Stewart NCO Academy. It notes that an SPD code of LBK is the appropriate code when enlisted Soldiers are being involuntarily discharged upon completion of their...
ARMY | BCMR | CY2012 | 20120012883
The applicant states his DD Form 214 (Certificate of Release or Discharge from Active Duty) shows an outstanding and clean 4-year service record. The regulation states the reason for discharge based on SPD code "LBK" is "Completion of required active service" and the regulatory authority is Army Regulation 635-200, chapter 4. Therefore, the RE code used in the applicant's case is correct and was applied in accordance with the applicable regulations.