IN THE CASE OF:	  

		BOARD DATE:	  14 June 2011

		DOCKET NUMBER:  AR20100025966 


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 her reentry eligibility (RE) code be changed from RE-3 to an RE-1 so she may reenter military service.

2.  The applicant states she is trying to reenter the Army.  However, her current RE code requires a waiver.  She served her term of service without any incidents or wrongdoings.  She believes the RE-3 is a clerical error.

3.  The applicant provides:

* DD Form 214 (Certificate of Release or Discharge from Active Duty)
* Two letters of recommendation
* Multiple DA Forms 638 (Recommendation for Award) and/or permanent 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 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 she enlisted in the Regular Army (RA) for a period of 6 years on 4 October 1990 and held military occupational specialty 67R (UH-64 Attack Helicopter Repairer).  

3.  Her records also show she was promoted to corporal/E-4 on 1 September 1992.  She was awarded the Army Lapel Button, Army Commendation Medal (2nd Award), Army Achievement Medal, Army Good Conduct Medal (2nd Award), National Defense Service Medal, Army Service Ribbon, Marksman Marksmanship Qualification Badge with Rifle Bar, and Aircraft Crewman Badge.

4.  She was honorably released from active duty on 3 October 1996 and she was transferred to the U.S. Army Reserve (USAR) Control Group (Reinforcement) to complete her remaining service obligation.  

5.  Her DD Form 214 shows she was released from active duty under the provisions of chapter 4 of Army Regulation 635-200 (Personnel Separations) by reason of completion of her required active service.  This form further confirms she completed 6 years of creditable active military service.  Item 26 (Separation Code) shows the entry "LBK" and item 27 (Reentry Code) shows the entry "3." 

6.  She provides multiple award recommendations and/or orders as well as two letters of recommendation, dated 1996, wherein two former officers strongly recommended her to any potential employer.  

7.  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 Regular Army Reenlistment Eligibility Codes (RE codes).  A code of "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.  A code of "3" applies to Soldiers who are not considered fully qualified for reentry or continuous service at time of separation, but the disqualification is waivable.  However, those individuals are ineligible unless a waiver is granted.  

8.  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.  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:
	a.  The SPD code of "LBK" is the correct code for RA Soldiers REFRAD for completion of required active service under the provisions of chapter 4, Army Regulation 635-200 who sign a Declination of Continued Service Statement (DCCS) or are ineligible for, barred from, or otherwise denied reenlistment at the completion of their enlistment.  

	b.  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.

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

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record confirms the applicant was honorably REFRAD, on 3 October 1996 by reason of completion of her required service.  She was assigned and SPD code of "LBK."  In the absence of evidence to the contrary, it must be presumed that she received the appropriate SPD code at the time of her separation.  The RE code associated with this type of SPD code is "3."  Therefore, the applicant received the appropriate RE code associated with her discharge.  

2.  The ABCMR does not correct records solely for the purpose of establishing eligibility for other programs or benefits.  The applicant is advised that if she desires to reenter military service, she should contact a local recruiter who can best advise her on her eligibility for returning to military service.  Those individuals can best advise a former service member as to the needs of the service at the time and may process enlistment waivers for the applicant’s RE code. 






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)                                         AR20100025966



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ABCMR Record of Proceedings (cont)                                         AR20100025966



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