Search Decisions

Decision Text

ARMY | BCMR | CY2009 | 20090013741
Original file (20090013741.txt) Auto-classification: Approved

		IN THE CASE OF:	  

		BOARD DATE:	  14 January 2010

		DOCKET NUMBER:  AR20090013741 


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 a change to his reentry eligibility (RE) code from RE-4.

2.  The applicant states that his separation designator code (SPD) is "LBK" and that he has an honorable discharge.  He believes his SPD code is a typographical error and would like to reenter the military but his RE code is keeping his paperwork from moving forward.

3.  The applicant provides a copy of his DD Form 214 (Certificate of Release or Discharge from Active Duty) in support of his application.

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 record shows that he enlisted in the Regular Army (RA) on 6 November 1986.

3.  On 5 November 1989, the applicant was honorably separated after completing a total of 3 years of active military service.  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.

4.  Table 2-3 (SPD/RE Code Cross Reference Table) of Army Regulation 635-5 (Separation Documents), Interim Change 1, dated 2 October 1989, reflects the probable RE code based on the SPD code only.  For Soldiers who have been assigned an SPD code of LBK, Table 2-3 requires further review to ensure a more restrictive code does not apply.  Table 2-3 establishes RE-3C as the proper reentry code to assign to Soldiers separated with an SPD code of LBK if they failed to meet the grade and service criteria.

5.  Table 3-1 (Retention Control Points) of Army Regulation 601-380 covers eligibility criteria, policies, and procedures for reenlistment in the RA.  Chapter 3 of that regulation basic eligibility for immediate reenlistment and states in pertinent part that a Soldier may not exceed the control retention point as shown in Table 3-1 by more than 29 days before the expiration of the contracted service.  This table shows that 3 years is the total active service in years for Solders in the rank of private to private first class. 

6.  Army Regulation 601-210 (Active and Reserve Components Enlistment Program) covers eligibility criteria, policies, and procedures for enlistment and processing into the RA 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, including RA RE codes.  
RE-3C applies to persons completing their terms of service who are not considered fully qualified for reentry or continuous service at the time of separation but the disqualification is waivable.  RE-4 applies to persons with a permanent disqualification that is not waivable.

DISCUSSION AND CONCLUSIONS:

1.  Evidence of record shows that the applicant was a PVT on the date of his separation from AD and that he has completed 3 years of active duty service (AD).  Applicable regulations show that the retention control point for a PVT in the Army is 3 years of total active service in years.  By regulation, the proper RE code to assign members separated who are assigned an SPD code of LBK as a result of failure to meet the grade and service criteria is RE-3C, not RE-4.  Therefore, it would be appropriate to correct the applicant's record to show he was assigned an RE code of RE-3C in conjunction with his 1989 separation.

2.  The applicant is advised that although a change is being recommended to his RE code, this does not mean that he is fully qualified for reenlistment.  RE-3C is applicable to members who are not considered fully qualified for reentry or continuous service at the time of separation, but the disqualification is waivable.  Therefore, if he desires to enlist, he should contact a local recruiter determine his eligibility based on the needs of the Army and process an RE code waiver.

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 the current entry in item 27 of his 5 November 1989 DD Form 214 and replacing it with the entry "RE-3C."



      _____________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)                                         AR20090013741



2


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

Similar Decisions

  • ARMY | BCMR | CY2006 | 20060014617

    Original file (20060014617.txt) Auto-classification: Approved

    RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 5 April 2007 DOCKET NUMBER: AR20060014617 I certify that hereinafter is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in the case of the above-named individual. x The Board considered the following evidence: Exhibit A - Application for correction of military records. The SPD code of LBK is the appropriate code to assign Soldiers ineligible for, barred from, or otherwise denied...

  • ARMY | BCMR | CY2007 | 20070013055

    Original file (20070013055.TXT) Auto-classification: Denied

    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 | CY2012 | 20120004946

    Original file (20120004946.txt) Auto-classification: Approved

    The applicant requests correction of her DD Form 214 (Certificate of Release or Discharge from Active Duty) as follows: * Item 11 (Primary Specialty Number, Title and Years and Months in Specialty) from "63BOO Locomotive Repairman 8 months" to "95B Military Police" * Item 27 (Reenlistment (RE) Code) from RE-3/3C to a more favorable code 2. LBK is used when the member has completed their required service but is ineligible for, barred from, or otherwise denied reenlistment. At the time of...

  • ARMY | BCMR | CY2006 | 20060013907

    Original file (20060013907.txt) Auto-classification: Denied

    x The Board considered the following evidence: Exhibit A - Application for correction of military records. The applicant states, in effect, that he is requesting a correction to his separation document (DD Form 214) to show he was released from active duty (REFRAD) by reason of a medical discharge vice expiration of term of service as is currently reflected. By regulation, the SPD code of LBK and the RE code of RE-3 are the proper codes to assign members separated under the provisions of...

  • ARMY | BCMR | CY2014 | 20140002595

    Original file (20140002595.txt) Auto-classification: Denied

    The applicant requests correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show the Multinational Force and Observers Medal. Item 9 (Awards, Decorations, and Campaigns) of the applicant's DA Form 2-1 (Personnel Qualification Record) does not show he was awarded the Multinational Force and Observers Medal. His record shows that based on his SPD code, time lost, rank, and length of service there is no evidence of an error in his assigned RE codes.

  • ARMY | BCMR | CY2015 | 20150003401

    Original file (20150003401.txt) Auto-classification: Denied

    Application for correction of military records (with supporting documents provided, if any). 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 otherwise denied reenlistment at the completion of their enlistment. The SPD code of "MBK" is the code for Soldiers voluntarily...

  • ARMY | BCMR | CY2011 | 20110001123

    Original file (20110001123.txt) Auto-classification: Denied

    The separation code JBK is the appropriate code to assign Soldiers ineligible for, barred from, or otherwise denied reenlistment who were discharged on completion of their enlistment under the provisions of Army Regulation 635-200, chapter 4. The SPD/RE Code Cross Reference Table, dated 2 October 1989 and applicable to the governing regulation, established RE code 3C as the proper reentry code to assign Soldiers separated with a SPD code of JBK, for failure to meet grade and service...

  • ARMY | BCMR | CY2012 | 20120012883

    Original file (20120012883.txt) Auto-classification: Denied

    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.

  • ARMY | BCMR | CY2014 | 20140000621

    Original file (20140000621.txt) Auto-classification: Denied

    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 | CY2001 | 2001064300C070421

    Original file (2001064300C070421.rtf) Auto-classification: Approved

    Army Regulation 635-5-1 prescribes the specific authorities (regulatory, statutory, or other directives), the reasons for the separation of members from active military service, and the SPD to be used for these stated reasons. It also shows the SPD code with a corresponding RE code and states that more than one RE code could apply. The applicant was involuntarily released from active duty under the provisions of Army Regulation 635-200, chapter 4 and was issued an SPD Code of “LBK” with a...