BOARD DATE:	  24 November 2009

		DOCKET NUMBER:  AR20090011617 


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, correction of item 27 (Reentry Code) of his DD Form 214 (Certificate of Release or Discharge from Active Duty) from RE-3 to RE-1 so he may reenter military service.

2.  The applicant states that he was released from active duty with an honorable discharge and no break in service or other derogatory information.  He adds that he neither refused deployments nor ever had any unfavorable action taken against him and that the current RE code is preventing him from reentering the service.

3.  The applicant provides copies of his DD Forms 214, dated 7 June 2000 and 3 February 2004, in support of his request. 

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 applicant’s 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 applicant’s failure to timely file.  In all other respects, there are insufficient bases to waive the statute of limitations for timely filing.

2.  The applicant's records show he enlisted in the Regular Army (RA) for a period of 4 years on 8 August 1996.  He completed basic combat and advanced individual training and was awarded military occupational specialty (MOS) 77F (Petroleum Supply Specialist).  The highest rank/grade he attained during this period of military service was specialist (SPC)/E-4.

3.  The applicant's records also show he was awarded the Army Lapel Button, Army Achievement Medal, Army Good Conduct Medal, and the Army Service Ribbon. 

4.  The applicant’s records further show he was honorably released from active duty (REFRAD) on 7 August 2000.  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 - Enlisted Personnel) by reason of completion of his required active service and he was transferred to the U.S. Army Reserve (USAR) Control Group (Reinforcement) to complete his remaining Reserve obligation.  This form further confirms he completed 4 years of creditable active military service during this period of enlistment.  Item 26 (Separation Code) of this form shows the entry "MBK" and item 27 (Reentry Code) shows "RE-3."

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

6.  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 RA and the USAR.  Table 3-1 included a list of the RA Reenlistment Eligibility Codes (RE codes).  An RE-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.  An RE-3 applies to Soldiers who are not considered fully qualified for reentry or continuous service at time of separation, but disqualification is waivable.  They are ineligible unless a waiver is granted.

7.  Army Regulation 635-5-1 (Separation Program Designator (SPD) Codes) states that the 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 4of Army Regulation 635-200:

	a.  The "LBK" SPD code is the correct code for Soldiers released from active duty for completion of required active service under the provisions of chapter 4 of Army Regulation 635-200.  Except for Soldiers with a Declination of Continued Service Statement (DCCS), the LBK code is used for RA Soldiers ineligible for, barred from, or otherwise denied reenlistment that are separated on completion of enlistment.  

	b.  The "MBK" SPD code is the correct code for Soldiers released from active duty for completion of required active service under the provisions of chapter 4 of Army Regulation 635-200.  The MBK code is used for RA Soldiers eligible to reenlist or with a DCSS in force who are REFRAD on completion of enlistment and transferred to the Reserve Components to complete their military service obligation.  

8.  The SPD/RE Code Cross Reference Table provides instructions for determining the RE code for Active Army Soldiers and Reserve Component Soldiers.  The cross reference table in effect at the time of the applicant's separation shows the SPD code and a corresponding RE code.  The SPD code of "MBK" has a corresponding RE code of "1" and the SPD code of "LBK" has a corresponding RE code of "3."

DISCUSSION AND CONCLUSIONS:

The evidence of record confirms that the applicant was honorably REFRAD on 
7 August 2000 and transferred to the USAR Control Group (Reinforcement) for completion of his Reserve obligation.  He was assigned the SPD code of "MBK."  This SPD code has a corresponding RE code of "1."  It appears that the applicant’s RE code was incorrectly entered as RE-3.  Therefore, he is entitled to correction of his DD Form 214 to show the correct RE code. 





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 deleting from item 27 of his DD Form 214 for the period ending 7 August 2000 the entry "3" and replacing it with the entry the "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)                                         AR20090011617



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ABCMR Record of Proceedings (cont)                                         AR20090011617



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