IN THE CASE OF:	  

		BOARD DATE:	  15 March 2011

		DOCKET NUMBER:  AR20100021510 


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 (RE) Code on his DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period ending 27 March 2008 and removal of a bar to reenlistment.

2.  He states, in effect, he is unsure why he was assigned an RE Code of 3.  He believes he was barred from reenlistment because he was late to duty.  He has been a member of the Michigan Army National Guard (MIARNG) since 
23 September 2008 and he would like to enlist in the U.S. Army.  

3.  He provides his DD Form 214.

CONSIDERATION OF EVIDENCE:

1.  The applicant's military records show he enlisted in the MIARNG in pay grade E-1 on 20 March 2003.  He held military occupational specialty 88M (Motor Transport Operator).  He was assigned to the 1st Battalion, 125th Infantry, Saginaw, MI.

2.  On 19 October 2003, a report to suspend favorable personnel actions (FLAG) was initiated against the applicant for failure of an Army Physical Fitness Test (APFT).

3.  He was ordered to active duty in support of Operation Enduring Freedom.  He entered an active duty status on 29 October 2003.  

4.  On 8 June 2004, his 19 October 2003 FLAG was favorably closed.

5.  The applicant's DD Form 214 shows he was honorably released from active duty and reverted back to the MIARNG, on 8 August 2004, in pay grade E-3.  Item 26 (Separation Code) contains the entry "LBK" and Item 27 contains "N/A."

6.  On 10 October 2004, a second FLAG was initiated against the applicant for APFT failure.

7.  He was honorably discharged from the MIARNG in pay grade E-3 on 5 February 2005.  However, prior to his discharge, he executed an enlistment in the Regular Army (RA) for a period of 3 years and 2 weeks in pay grade E-3 on 28 January 2005.  

8.  He was honorably released from active duty in pay grade E-2 on 27 January 2008, under the provisions of Army Regulation 635-200, chapter 4, for completion of required active service, and transferred to the U.S. Army Reserve (USAR) Control Group.  He was credited with 3 years of net active service.  Item 26 of his DD Form 214 for this period of service contains the "LBK" and Item
27 contain a "3."

9.  His records show he was flagged at the time of release from active duty on 
27 January 2008; however, there is no indication that a Bar to Reenlistment Certificate was placed in his records. 

10.  On 23 September 2008, he executed a 6-year enlistment in the MIARNG in pay grade E-2.  He was assigned to the 1460th Transportation Company, Midland, MI. 

11.  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 Reserve.  The regulation provides 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.  Chapter 3 of this regulation prescribes basic eligibility for prior service applicants for enlistment and includes a list of Armed Forces reentry codes, including RA RE Codes.  RE-3 applies to persons separated with a waivable disqualification.  

12.  Army Regulation 601-280 (Army Retention Program) outlines procedures for immediate reenlistment or extension of enlistment.  Paragraph 3-8g (Qualification of a Soldier for reenlistment) (Rank) states a Soldier may not exceed the retention control points, which for the rank of E-2 is 3 years of total active service.

13.  Army Regulation 635-5-1 (Separation Program Designator (SPD) Codes) prescribes the specific authorities (regulatory, statutory, or other directives), the reasons for the separation of members from active military service, and the SPDs to be used for these stated reasons.  The regulation shows the SPD of "LBK" as shown on the applicant’s DD Form 214 is appropriate for involuntary release from active duty when the narrative reason for discharge is "Completion of Required Active Service" and the authority for discharge is Army Regulation 635-200, chapter 4. 

14.  The SPD/RE Code Cross Reference Table provides instructions for determining the RE code for Active Army Soldiers and Reserve Component Soldiers separated for cause.  It also shows SPD codes with their corresponding RE code.  The cross reference table in effect at the time of his release from active duty shows the SPD Code of "LBK" and a corresponding RE Code of "3."

DISCUSSION AND CONCLUSIONS:

1.  The applicant's contentions have been acknowledged; however, the evidence of record shows he enlisted in the MIARNG on 20 March 2003.  He was issued a FLAG for APFT failure on 19 October 2003.  He entered an active duty status in support of Operation Enduring Freedom on 29 October 2003.  He was honorably released from active duty on 8 August 2004 and reverted back to the MIARNG.  He was not assigned an RE Code.

2.  The evidence also shows he enlisted in the RA in pay grade E-3 on 28 January 2005 for 3 years.  He was honorably released from active duty in pay grad E-2 on 27 January 2008 for completion of required active service.  He was credited with completing 3 year of net active service and transferred to the USAR.  

3.  Although there is no evidence of a Bar to Reenlistment in the records, he was assigned RE code "3."  In accordance with regulatory guidance, his rank at the time of discharge and total years of active service determined his qualification for reenlistment and corresponding RE code.

4.  He has failed to show through the evidence submitted with his application or the evidence of record that his assigned RE code of “3” is in error or unjust.  Therefore, he has established no basis for changing his existing RE code.

5.  It is noted that the RE code of "3" is waivable; therefore, if he wishes to enlist in the Army he should seek the guidance of appropriate Service recruiters/career counselors for a waiver if he is otherwise qualified.

6.  In view of the foregoing, there is no basis for granting his requests.

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)                                         AR20100021510



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ABCMR Record of Proceedings (cont)                                         AR20100021510



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