IN THE CASE OF:
BOARD DATE: 25 June 2009
DOCKET NUMBER: AR20090003953
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, that his Reentry (RE) code be changed to RE-1 so he can enlist.
2. The applicant states, in effect, that his separation code and RE code will not allow him to rejoin the Armed Forces. He points out that he finished his enlistment without any recurring disciplinary incidents after the incident noted in item 29 (Dates of Time Lost During This Period) on his DD Form 214 and that he served during Operations Enduring Freedom and Iraqi Freedom and fell under the stop loss movement which caused his enlistment to extend past his original expiration term of service (ETS) of 22 August 2006.
3. The applicant provides a copy of his DD Form 214 (Certificate of Release or Discharge from Active Duty) and a DD Form 293 (Application for the Review of Discharge from the Armed Forces of the United States) in support of his application.
CONSIDERATION OF EVIDENCE:
1. The applicant enlisted in the Regular Army 23 August 2000 for a period of
6 years. He trained as a helicopter repairer and served in Iraq from 17 February 2004 to 14 February 2005.
2. A DA Form 4187 (Personnel Action), dated 1 November 2006, shows the applicant requested an exception to policy for Stop Loss/Stop Move to ETS. This form shows his ETS before Stop Loss/Stop Move was 29 August 2006 and that he requested an ETS date of 31 December 2006.
3. The available records do not contain any adverse actions. However, his DD Form 214 shows he had 6 days of lost time (2 March 2001 to 7 March 2001).
4. On 31 December 2006, the applicant was released from active duty in the rank of specialist under the provisions of Army Regulation 635-200, chapter 4, by reason of completion of required active service. He had served a total of 6 years, 4 months, and 2 days of creditable active service.
5. Item 25 (Separation Authority) on the applicant's DD Form 214 shows the entry, "AR [Army Regulation] 635-200, CHAP [chapter] 4." Item 26 (Separation Code) on his DD Form 214 shows the entry "LBK." Item 27 (Reentry Code) on his DD Form 214 shows the entry "3." Item 28 (Narrative Reason for Separation) on his DD Form 214 shows the entry "COMPLETION OF REQUIRED ACTIVE SERVICE.
6. Army Regulation 635-5-1 (Separation Program Designator 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. The regulation states the reason for discharge based on separation code LBK is Completion of Required Active Service and the regulatory authority is Army Regulation 635-200, chapter 4. The regulation also states that separation code "LBK" is to be used for Regular Army Soldiers ineligible for, barred from, or otherwise denied reenlistment that are separated on completion of enlistment.
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 covers eligibility criteria,
policies, and procedures for enlistment processing into the Regular Army and the U.S. Army Reserve. Chapter 3 of that regulation prescribes basic eligibility for prior service applicants for enlistment. That chapter includes a list of armed forces RE codes.
8. RE-3 applies to persons who are not qualified for continued Army service, but the disqualification is waivable.
9. RE-1 applies to persons completing an initial term of active service who were fully qualified when last separated.
10. Paragraph 4-14 of Army Regulation 601-210 states that any applicant who, during their last period of service, was absent without leave (AWOL) or had lost time of 5 days or fewer regardless of the type of separation or RE code is required to have a waiver for enlistment.
11. Recruiting personnel have the responsibility for initially determining whether an individual meets current enlistment criteria. They are required to process a request for waiver under the provisions of chapter 4, Army Regulation 601-210.
12. The Separation Program Designator Code/Reentry Code Cross Reference Table, dated 15 June 2006, shows that Soldiers given an SPD [Separation Program Designator] of "LBK will be given an RE code of 3.
DISCUSSION AND CONCLUSIONS:
1. Evidence of record shows the applicant had six days of lost time (presumably AWOL) at the time of his separation. Since he was not eligible for reenlistment, it appears the RE code 3 was proper. Therefore, there is no basis for granting the applicants request.
2. The applicant's current RE code is a waivable code. Therefore, the applicant may still apply for service in the U.S. Army and request the appropriate waiver.
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.
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