IN THE CASE OF:	  

		BOARD DATE:	  1 September 2009

		DOCKET NUMBER:  AR20090006529 


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 be changed from a 
3 to a 1.

2.  The applicant states that he was released from active duty with an honorable discharge with no break in service or other derogatory information; therefore, the RE code of 3 appears to be a clerical error.  He adds that he attempted to resolve this error through various channels but was directed to apply to this Board.

3.  The applicant provides a copy of his DD Form 214 (Certificate of Release or Discharge from Active Duty), dated 10 June 2007, in support of his request. 

CONSIDERATION OF EVIDENCE:

1.  The applicant's records show he enlisted in the Regular Army for a period of 4 years on 11 June 2003.  He completed basic combat and advanced individual training and was awarded military occupational specialty 25F (Network Systems Switch Operator/Maintainer).  The highest rank/grade he attained during this period of military service was specialist/E-4.  

2.  The applicant's records also show he served in Germany from 23 January 2004 to 9 May 2007.  His awards and decorations include the Army Commendation Medal, the U.S. Army/U.S. Air Force Presidential Unit Citation, the Good Conduct Medal (2nd Award), the National Defense Service Medal, the Global War on Terrorism Service and Expeditionary Medals, the Iraq Campaign Medal, the Army Service Ribbon, the Overseas Service Ribbon (2nd Award), the Combat Action Badge, and the Driver/Mechanic Badge with Driver-Wheeled Vehicle Clasp.

3.  On 13 March 2007, Wiesbaden Transition Center, Germany, published Orders 072-005 directing the applicant’s reassignment to the U.S. Army Transition Center for the purpose of separation, effective 10 June 2007, and subsequent transfer to the U.S. Army Reserve (USAR) Control Group (Reinforcement) for completion of his Reserve obligation.

4.  On 18 April 2007, Wiesbaden Transition Center, Germany, published Orders 108-001, amending Orders 072-005, dated 13 March 2007, to show he was assigned to the 275th Combat Sustainment Support Battalion, Fort Lee, VA, in what appears to be an enlistment in the USAR.

5.  The applicant’s records further show he was honorably released from active duty (REFRAD) on 10 June 2007.  The DD Form 214 he was issued shows he was released from active duty under the provisions of chapter 4 of Army Regulation 635-200 (Personnel Separations) by reason of completion of his required active service.  This form further confirms he completed 4 years of creditable active military service during this period of enlistment.  Item 26 (Separation Code) shows the entry “LBK” and item 27 (Reentry Code) shows the entry “3.” 

6.  Army Regulation 635-200 sets forth the basic authority for the separation of enlisted personnel.  Chapter 4 of this regulation provides, in pertinent part, that a Soldier will be separated upon the expiration of enlistment or the fulfillment of service obligation.  A Soldier being separated upon expiration of enlistment or fulfillment of the service obligation will be awarded a character of service of honorable, unless the Soldier is in an entry-level status and the service is uncharacterized.

7.  Army Regulation 635-200 states, in pertinent part, 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), covers eligibility criteria, policies, and procedures for enlistment and processing into the Regular Army (RA) and the US Army Reserve.  Table 3-1 included a list of the Regular Army Reenlistment Eligibility Codes (RE codes).  A code of “1” applies to Soldiers completing their term of active service who are considered qualified to reenter the U.S. Army.  They are qualified for enlistment if all other criteria are met.  A code of “3” applies to Soldiers who are not considered fully qualified for reentry or continuous service at time of separation, but the disqualification is waivable.  However, those individuals are ineligible unless a waiver is granted.  
8.  Army Regulation 635-5-1 (Separation Program Designator Codes) states that the Separation Program Designator (SPD) codes are three-character alphabetic combinations which identify reasons for, and types of, separation from active duty.  The primary purpose of SPD codes is to provide statistical accounting of reasons for separation.  They are intended exclusively for the internal use of DOD and the military services to assist in the collection and analysis of separation data.  Two codes are used for Soldiers released from active duty for completion of required active service under the provisions of chapter 4 of Army Regulation 635-200:

	a.  The SPD code of "LBK" is the correct code for RA Soldiers released from active duty for completion of required active service under the provisions of chapter 4, Army Regulation 635-200.  However, RA Soldiers who sign a Declination of Continued Service Statement (DCCS) are assigned the SPD code of LBK and they are ineligible for, barred from, or otherwise denied reenlistment at the completion of their enlistment.  

	b.  The SPD code of "MBK" is the correct code for Soldiers released from active duty for completion of required active service under the provisions of chapter 4, Army Regulation 635-200 when eligible to reenlist or Soldiers with a DCSS in force who are released from Active Duty (REFRAD) on completion of enlistment and transferred to the Reserve component to complete their military service obligation.  This SPD code is also used for Army National Guard, United States (ARNGUS) or USAR Soldiers who are REFRAD on completion of required active service or period for which ordered to active duty.

9.  The SPD/RE Code Cross Reference Table, dated 31 March 2005, provides instructions for determining the RE code for Active Army Soldiers and Reserve Component Soldiers.  This cross reference table, dated 8 September 2005, shows the SPD code and corresponding RE code.  The SPD code of "LBK" has a corresponding RE code of "3" and the SPD Code "MBK" has a corresponding RE code of "1."

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record confirms the applicant was honorably released from active duty, on 10 June 2007, and he was transferred to the USAR Control Group (Reinforcement) for completion of his Reserve obligation.  This would have required that he be assigned an SPD code of "MBK."  

3.  The applicant appears to have enlisted in the USAR and his orders were amended to show he was transferred to a Troop Program Unit instead of the USAR Control Group (Reinforcement).  Nevertheless, it is unclear why he was assigned the SPD code of "LBK" instead of the SPD Code of "MBK" as the applicant would have fulfilled his service obligation whether he was in the USAR Control Group (Reinforcement) or in a TPU.  

4.  It appears that the SPD code of "LBK" was assigned in error.  Additionally, since the applicant's records are void of a declination of service statement, a bar to reenlistment, or any indication that he was denied reenlistment, his records should be corrected to show the SPD code as "MBK."  Additionally, the RE code associated with this type of SPD code is "1."  Therefore, the applicant's records should also be corrected to show RE-1.

BOARD VOTE:

___X____  ___X___  ___X____  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The Board determined that the evidence presented was sufficient to warrant a recommendation for relief.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by:

	a.  deleting the entry "LBK" from item 26 of his DD Form 214 and adding the entry "MBK"; and 

	b.  deleting the entry "3" from item 27 of his DD Form 214 and adding the entry "1."



      _______ _   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)                                         AR20090006529



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ABCMR Record of Proceedings (cont)                                         AR20090006529



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