BOARD DATE: 7 January 2010
DOCKET NUMBER: AR20090012692
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 the Reenlistment Eligibility (RE) code of "3" on his 24 September 2004 DD Form 214 (Certificate of Release or Discharge from Active Duty) be changed to an RE code of "1."
2. The applicant states, in effect, that he received an honorable discharge after completing his enlistment. The problem with his RE code was discovered when he was trying to go back on active duty.
3. The applicant provides a copy of his DD Form 214 and separation orders.
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 record shows he enlisted in the Regular Army on 25 September 2001. The applicant was honorably released from active duty in the grade of E-2 on 24 September 2004.
3. The applicant's DD Form 214 shows he was credited with completing 3 years of active federal service. Item 25 shows the separation authority as Chapter 4, Army Regulation 635-200. Item 26 lists his separation code as "LBK" and item 27 shows his RE code as "3."
4. 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. 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.
5. 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.
6. Army Regulation 635-5-1 provides that the SPD code of "LBK" is the correct code for RA Soldiers released from active duty for completion of required active service when they are ineligible for, barred from, or otherwise denied reenlistment at the completion of their enlistment. The SPD/RE Code Cross Reference Table provides instructions for determining the RE code for Active Army Soldiers and Reserve Component Soldiers and shows the SPD code and corresponding RE code. The SPD code of "LBK" has a corresponding RE code of "3." This RE applies to a person who is not considered fully qualified for reentry or continuous service at the time of separation, but the disqualification is waivable.
7. Army Regulation 601-280 (Army Retention Program) provides guidelines for immediate reenlistment in the Army. This regulation states, in pertinent part, that an E-1 through E-3 may not exceed 3 years and 29 days of total active service before expiration of contracted service (reenlistment or extension).
DISCUSSION AND CONCLUSIONS:
1. Evidence of record shows the applicant had 3 years of active service at the time of his separation from the Army. Based upon the grade requirement for reenlistment, he was ineligible to reenlist. Therefore, the RE code of 3 that is listed on his DD Form 214 is correct.
2. Although the Army Board for Correction of Military Records has denied a change in his RE code, this does not mean the applicant has been completely denied the opportunity to reenlist. Recruiting personnel have the responsibility for initially determining whether an individual meets the current enlistment criteria. Recruiting personnel may process a request for waiver. Therefore, it is suggested that the applicant visit his local recruiting station to determine if he should apply for a 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.
ABCMR Record of Proceedings (cont) AR20090012692
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ABCMR Record of Proceedings (cont) AR20090012692
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ARMY | BCMR | CY2009 | 20090006529
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. 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...
ARMY | BCMR | CY2011 | 20110019795
Application for correction of military records (with supporting documents provided, if any). She was released under the provisions of chapter 4 of Army Regulation 635-200 (Active Duty Enlisted Administrative Separations) by reason of completion of her required active service after completing 4 years of creditable active military service. "LBK" is the correct code for RA Soldiers who were REFRAD for completion of required active service under the provisions of chapter 4, Army Regulation...
ARMY | BCMR | CY2013 | 20130004088
The DD Form 214 he was issued shows in: * item 25 (Separation Authority) "AR 635-200, PARA 5-15A (2)" * item 26 (Separation Code) "LGH" * item 27 (RE Code) "3" * item 28 (Narrative Reason for Separation) "NON-RETENTION ON ACTIVE DUTY" 6. This SPD code is used for RA Soldiers ineligible for, barred from, or otherwise denied reenlistment who are separated on completion of enlistment. The applicant was an RA Soldier who was released from active duty upon reaching his ETS, but his DD...
ARMY | BCMR | CY2007 | 20070013055
However, the applicant provided a copy of his Member DD Form 214 that shows he was given an SPD code of "LBK" and an RE code of RE-1. 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. In the version of this regulation in effect at the time, SPD code LBK was used for Regular Army Soldiers ineligible for, barred from, or otherwise denied...
ARMY | BCMR | CY2009 | 20090011617
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. The applicant's records show he enlisted in the Regular Army (RA) for a period of 4 years on 8 August 1996. 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...
ARMY | BCMR | CY2009 | 20090013517
The applicant requests, in effect, correction of appropriate military records to show a reentry eligibility (RE) code of 1, which would allow him to reenter the military. Army Regulation 635-5-1 (SPD Codes), table 2-3, indicates the SPD code of LBK denotes Completion of Required Active Service. The cross-reference list in effect at the time showed that an SPD code of LBK was assigned an RE code of 3.
ARMY | BCMR | CY2008 | 20080015397
The applicant provided orders, dated 24 March 1995, showing he was awarded the Army Good Conduct Medal for the period 18 June 1991 to 17 June 1995. This period is normally 3 years of enlisted active Federal military service completed on or after 27 August 1940 and, for the first award only, upon termination of service on or after 27 June 1950 of less than 3 years but more than 1 year. Evidence of record shows the applicant was a PV1/E-1 with three years service at the time of his separation.
ARMY | BCMR | CY2011 | 20110019192
The SPD code of "MBK" is the correct code for Soldiers REFRAD for completion of required active service under the provisions of chapter 4, Army Regulation 635-200, when eligible to reenlist and are transferred to the Reserve Component to complete their military service obligation. This SPD code is also used for Army National Guard of the United States (ARNGUS) or USAR Soldiers who are REFRAD on completion of required active service or period for which ordered to active duty. Having been...
ARMY | BCMR | CY2009 | 20090013741
The DD Form 214 he was issued at the time shows he was separated under the provisions of chapter 4, Army Regulation 635-200 (Personnel Separations), by reason of expiration of term of service. Item 4a (Grade, Rate, or Rank) shows that he was a private (E-1), item 12c (Net Active Service this Period) shows that he had 3 years of active service, item 26 (Separation Code) shows he was assigned an SPD code of LBK, and item 27 (Reentry Code) shows he was assigned an RE code of RE-4. Evidence of...
ARMY | BCMR | CY2014 | 20140011484
The applicant requests correction of her DD Form 214 (Certificate of Release or Discharge from Active Duty) to show her reentry (RE) code as "1" instead of "3." Note 7 of Table 2-3 states that this code is to be used for Regular Army Soldiers, except those who have a Declination of Continued Service Statement in force or are ineligible for, barred from, or otherwise denied reenlistment that are separated on completion of enlistment. The applicant provides two memoranda of record.