BOARD DATE: 16 February 2011
DOCKET NUMBER: AR20100020019
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 correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show a valid reentry code.
2. He states his RE code reflects "NA." He wants it fixed.
3. He provides his DD Form 214.
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 applicant enlisted in the Regular Army on 9 August 1988 for 3 years in pay grade E-1. He completed training and he was awarded military occupational specialty 63T (Bradley Fighting Vehicle System Mechanic).
3. Item 8 (Aptitude Area Scores) of his DA Form 2-1 (Personnel Qualification Record) shows he received a score of 90 or higher in each of the areas tested of the Armed Services Vocational Aptitude Battery (ASVAB).
4. He was honorably released from active duty in pay grade E-4 on 7 July 1991 at the expiration of his term of service. He was transferred to the U.S. Army Reserve (USAR) Control Group (Reinforcement) to complete his remaining Reserve obligation.
5. The DD Form 214 he was issued at the time of his release from active duty shows in:
* Item 12 (Record of Service) he completed 2 years, 10 months, and
29 days of net active service
* Item 23 (Type of Separation) the entry "Release from Active Duty"
* Item 25 (Separation Authority) the entry "Army Regulation 635-200, chapter 4"
* Item 26 (Separation Code) the entry "LBK"
* Item 27 (Reentry [RE] Code) the entry "NA"
6. Army Regulation 635-200, chapter 4, in effect at the time, stated a Soldier would be separated upon expiration of enlistment or fulfillment of service obligation.
7. Army Regulation 635-5-1 (Separation Program Designator (SPD) Codes), in effect at the time, prescribed the specific authorities (regulatory, statutory, or other directives), the reasons for the separation of members from active military service, and the SPD codes to be used for these stated reasons. The regulation showed the SPD of "LBK" was appropriate when the narrative reason for involuntary release from active duty was "expiration term of service" and the authority for discharge was "Army Regulation 635-200, chapter 4."
8. The SPD/RE Code Cross Reference Table, in effect at the time, showed SPD codes with their corresponding RE codes. The SPD code of "LBK" had a corresponding RE code of "1," "1A," or "1C."
9. Army Regulation 601-210 (Active and Reserve Components Enlistment Program), in effect at the time, stated prior to discharge or release from active duty, individuals would be assigned RE codes based on their service records or the reason for discharge. Chapter 3 of the regulation included a list of Armed Forces reentry codes, including Regular Army RE codes.
a. RE-1 applies to Soldiers completing an initial term of active service who were fully qualified when last separated. They are fully qualified for enlistment.
b. RE-1A applies to careerists with over 6 years of service for pay (over
4 years of service for pay if separated on or after 15 August 1978). They are fully qualified but had to enlist within 93 days after date of separation. They are fully qualified for enlistment in USAR.
c. RE-1C applies to Soldiers separated who do not possess scores of 90 or higher in any three or more aptitude areas of the ASVAB, if tested before
1 October 1980, or scores of 85 or higher in any three or more aptitude areas of the ASVAB, if tested on or after 1 October 1980. They are fully qualified for enlistment provided otherwise qualified.
DISCUSSION AND CONCLUSIONS:
1. The evidence of record shows the applicant was released from active duty on 7 July 1991, under the provisions of Army Regulation 635-200, chapter 4. He was issued a separation code of "LBK" that had a corresponding RE code of "1," "1A," or "1C." However, his DD Form 214 shows his RE code as "NA."
2. The entry in Item 27 is not consistent with the basis for his authority and reason for separation. His record shows he served less than 4 years of service and he scored 90 or over on all of his aptitude areas of the ASVAB. As a result, he should have been issued an RE code of "1." Therefore, his DD Form 214 should be corrected accordingly.
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 the entry "NA" and replacing it with the entry "RE-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) AR20100020019
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ABCMR Record of Proceedings (cont) AR20100020019
2
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ARMY | BCMR | CY2014 | 20140013903
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. He was honorably discharged from active duty in the rank/grade of SP5/E-5 on 6 April 1981 in accordance with chapter 2 of Army Regulation 635-200 (Personnel Separations Enlisted Personnel) by reason of completion of his required service. ...
ARMY | BCMR | CY2004 | 040006223C070208
The applicant states he completed his 4-year enlistment and was voluntarily separated from active duty. His RE Code is recorded as “3” and his separation code (SPD) as “LBK.” 5. The evidence available to the Board does confirm that the applicant received the appropriate RE Code associated with his SPD Code.
ARMY | BCMR | CY2014 | 20140002595
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 | CY2002 | 2002074129C070403
The applicant requests that his separation (SPD) code on his 8 May 1993 DD Form 214 (Certificate of Release or Discharge from Active Duty) be changed from “LBK” to “MBK.” That office recommended that the applicant be granted relief, and stated that the separation code, “MBK,” should have been entered on the applicant’s DD Form 214. There was no provision in the 1982 governing regulation for an SPD code of “MBK” for an enlisted soldier when the applicant was separated in May 1993; however,...
ARMY | BCMR | CY2009 | 20090020492
On 22 March 1993, the applicant's commander notified him that he was initiating action to discharge him from the service under the provisions of Army Regulation 635-200 (Personnel Separations - Enlisted Personnel), chapter 11, due to entry level performance and conduct. Army Regulation 635-200, paragraph 3-9, provides, in pertinent part, that a separation will be described as an entry level separation with service uncharacterized, if processing is initiated while a Soldier is in entry level...
ARMY | BCMR | CY2013 | 20130005254
The applicant requests, in effect, correction of her records to show her revised Army Services Vocational Aptitude Battery (ASVAB) test scores. The recruiter did say that he can accept a copy of her DA Form 2-1 or ERB showing her updated scores. She believes that it could already be updated on her DA Form 2-1 or ERB in her official military record and if so she would like a copy of it to present to recruiters and have the Board update the information in the appropriate systems so that she...
ARMY | BCMR | CY2001 | 2001063638C070421
Army Regulation 635-5-1, as in effect at the time of the applicant’s release from active duty, lists the separation code MBK for use in officer cases only. There was no corresponding code for a voluntary release from active service with a transfer to the Reserve Components for enlisted personnel. Under current regulations a separation code of LBK is used for a soldier who is released from active duty but who is ineligible for, barred from, or otherwise denied reenlistment.
ARMY | BCMR | CY2005 | 20050014451C070206
The applicant's records contain a copy of DA Form 4187 (Personnel Action), which shows that he was present for duty (PDY) after being confined by civil authorities (CCA) effective 25 December 1986. 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. It also shows the SPD code with a corresponding RE code and states that more than one RE code could apply.
ARMY | BCMR | CY2012 | 20120012883
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 | 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...