IN THE CASE OF:	  

		BOARD DATE:	  2 August 2011

		DOCKET NUMBER:  AR20110002059 


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 change of his Reentry Eligibility (RE) code from 
RE-3 to a more favorable code so he can reenter military service.

2.  He states he:

* received an honorable discharge, but he was issued an RE-3 code
* doesn’t know why he has an RE-3 code because he does not have anything negative in his file
* is trying to reenter military service and this code is prohibiting him from doing so

3.  He provides no additional documents.

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 contains a National Guard Bureau (NGB) Form 22 (Report of Separation and Record of Service) that shows he enlisted in the Arizona Army National Guard (AZARNG) on 16 September 1999.  He was honorably discharged on 7 October 2002 for enlistment in any component of the Armed Forces.

3.  He enlisted in the Regular Army on 8 October 2002, but his DD Form 214 erroneously shows his component as ARNG.  He was honorably released from active duty on 7 October 2005 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.  He completed 3 years of net active service during this period.  He was transferred to the U.S. Army Reserve (USAR) Control Group (Reinforcement) to complete his remaining Reserve obligation.

4.  Item 26 (Separation Code) of the DD Form 214 he was issued for this period of service shows he was assigned code “LBK” for an involuntary release from active duty or transfer by reason of completion of required active service.  Item 27 (Reentry Code) shows the entry "3."  His service record does not indicate he received any disciplinary actions for misconduct during this period.  His record is also void of any derogatory information or indication he was barred from reenlistment or that he declined continued service.  

5.  His record contains another NGB Form 22 that shows he enlisted in the AZARNG on 1 March 2006 and he was honorably discharged from the Army National Guard and as a Reserve of the Army on 15 September 2007 at the expiration of his term of service.

6.  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 SPD codes to be used for these stated reasons.

	a.  The regulation shows that the SPD code of “LBK” as shown on the applicant’s DD Form 214 for the period ending 7 October 2005 specifies the narrative reason for separation as involuntary release from active duty for “Completion of Required Active Service” and that the authority for separation under this SPD is Army Regulation 635-200, chapter 4.  The SPD/RE Code 


Cross Reference Table establishes RE code 3 as the proper reentry code to assign to Soldiers separated for this reason.

	b.  The regulation further shows that the SPD code of “MBK” specifies the narrative reason for separation as voluntary release from active duty for “Completion of Required Active Service” and that the authority for separation under this SPD is Army Regulation 635-200, chapter 4.  The SPD/RE Code Cross Reference Table establishes RE code 1 or 3 as the proper reentry code to assign to Soldiers separated for this reason.

7.  Army Regulation 601-210 (Active and Reserve Components Enlistment Program), determines Regular Army and Reserve reentry eligibility and provides regulatory guidance on the RE codes.  The SPD/RE Code Cross Reference Table provides instruction for determining the RE code for Active Army Soldiers, as well as reserve component Soldiers separated for cause.  Since more than one code could apply, review the Soldiers' file and other pertinent documents in conjunction with the following rules to make the final determination.  It states to enter RE code 3 (disregarding RE code 1 on the table) when the Soldier's record indicates (for current enlistment period) that the Soldier:

	a.  Is ineligible for or otherwise denied immediate reenlistment.

	b.  Has a Declination of Continued Service Statement (DCSS).

	c.  Has grade and service criteria in Army Regulation 601-210 (Active and Reserve Components Enlistment Program), paragraph 3-10.

	d.  Has time lost due to AWOL (absent without leave) or confinement.

	e.  Has an Immediate Reenlistment Prohibition Code of "9T."

8.  Army Regulation 635-200 further states that prior to discharge or release from active duty, individuals will be assigned RE codes based on their service record or the reason for discharge.  Army Regulation 601-210 covers eligibility criteria, policies, and procedures for enlistment and processing into the Regular Army and the U.S. Army Reserve.  Table 3-1 included a list of the RA RE codes:

* RE-1 applies to Soldiers completing their term of active service who are considered qualified to reenter the U.S. Army and they are qualified for enlistment if all other criteria are met


* RE-3 applies to Soldiers who are not considered fully qualified for reentry or continuous service at time of separation, but disqualification is waivable and they are ineligible unless a waiver is granted

DISCUSSION AND CONCLUSIONS:

1.  The applicant’s contention that he does not have anything negative in his file and his RE-3 code is prohibiting him from reentering military service is acknowledged and determined to have merit.

2.  The applicant was released from active duty on 7 October 2005 under the provisions of Army Regulation 635-200, chapter 4 at the completion of his required active service and transferred to the USAR Control Group (Reinforcement) to complete his remaining Reserve obligation.

3.  His record is void of any derogatory information or indication he was barred from reenlistment or declined continued service.  

4.  His DD Form 214 for the period ending 7 October 2005 shows he was separated with an SPD code of "LBK" and he was assigned an RE-3 code.

5.  Army Regulation 635-5-1 states that the SPD code of “LBK” specifies the narrative reason for enlisted personnel who were involuntarily released from active duty for completion of required active service.  However, the applicant was voluntarily released from active duty at the completion of his required active service and his service record is void of any disciplinary actions.  Therefore, he should have been issued an SPD code of “MBK” instead of the "LBK" that is currently shown on his DD Form 214.

6.  The SPD code of "MBK" authorized an RE code of 1 or 3.  However, the SPD/RE Code Cross Reference Table states to enter RE code 3 when the Soldier's record indicates that the Soldier is ineligible for or otherwise denied immediate reenlistment, has a DCSS, has grade and service criteria in Army Regulation 601-210, has time lost due to AWOL or confinement, or has an Immediate Reenlistment Prohibition Code of "9T."  The applicant's record indicates he has none of these factors.

7.  Therefore, it appears that administrative errors occurred in this case and it would be appropriate at this time to correct his DD Form 214 for the period ending 7 October 2005 to show his SPD code as “MBK” and his RE code as “1.”


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:

	a.  deleting from item 26 of his DD Form 214 for the period ending 7 October 2005 the entry “LBK” and replacing it with the entry "MBK," and

	b.  deleting from item 27 of his DD Form 214 for the period ending 7 October 2005 the entry "3" and replacing it with the entry "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)                                         AR20110002059



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ABCMR Record of Proceedings (cont)                                         AR20110002059



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