IN THE CASE OF:
BOARD DATE: 29 September 2011
DOCKET NUMBER: AR20110006461
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 her DD Form 214 (Certificate of Release or Discharge from Active Duty) as follows:
* show her US Army Reserve (USAR) service
* correct her reentry (RE) code
2. The applicant states:
* she served 4 years on active duty and 3 years in the USAR
* she wants to reenlist and needs her RE "3" code changed to RE "1"
3. The applicant provides:
* her DD Form 214
* orders, dated 18 January 2007, transferring her from the USAR Control Group (Reinforcement) to a USAR Troop Program Unit (TPU)
* orders, dated 16 July 2010, discharging her from the USAR
* her Chronological Statement of Retirement Points, dated 29 March 2011
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 for 4 years on 29 January 2002. She was trained in, awarded, and served in military occupational specialty (MOS) 91W (Health Care Specialist).
3. The applicant's Enlisted Records Brief (ERB) shows she was promoted through the ranks to specialist (SPC/E-4) on 1 August 2003.
4. The applicant's DD Form 214 shows she was released from active duty (REFRAD) on 25 February 2006. It also shows:
* her rank was private (PVT/E-1)
* she was REFRAD under the provisions of Army Regulation 635-200, chapter 4 by reason of "completion of required active service"
* her separation (SPD) code was "LBK"
* her RE code was "3"
* she had 28 days of lost time from 12 August 8 September 2005
5. Army Regulation 635-5 (Separation Documents) prescribes the separation documents that must be prepared for soldiers on retirement, discharge, release from active duty service, or control of the Active Army. It establishes standardized policy for preparing and distributing the DD Form 214. The DD Form 214 is a summary of a Soldiers most recent period of continuous active duty. It provides a brief, clearcut record of active duty service at the time of release from active duty, retirement, or discharge. USAR time is referred to as inactive service, and only inactive service PRIOR to the period of the DD Form 214 is included [emphasis added].
6. Army Regulation 635-5-1 (SPD Codes) states that the SPD codes are three-character alphabetic combinations which identify reasons for and types of separation from active duty. The primary purpose of SPD codes is to provide statistical accounting of reasons for separation. They are intended exclusively for the internal use of the Department of Defense and the Military Services to
assist in the collection and analysis of separation data. The SPD code of "LBK" is the correct code for Soldiers being REFRAD under the provisions of Army Regulation 635-200, chapter 4 by reason of completion of required active service.
7. 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 shows the SPD code and corresponding RE code. The SPD code of "LBK" has a corresponding RE code of 3.
DISCUSSION AND CONCLUSIONS:
1. The applicant wants her RE code changed and her post-active service USAR service shown on her DD Form 214.
2. The applicant was once a SPC, but she was REFRAD as a PVT. Her records show she had 28 days of lost time in 2005.
3. The applicant's records do not contain all of the documents pertaining to her REFRAD; however, it is presumed her chain of command do not want her to return to active service and applied the proper SPD and RE codes to accomplish that goal.
4. The applicant's SPD code is "LBK" and the corresponding RE code of 3 are correct for a Soldier being involuntarily REFRAD under the provisions of chapter 4, Army Regulation 635-200.
5. As for the applicant's post-active service USAR time, Army Regulation 635-5 does not permit changing a DD Form 214 to add any information that occurs post-active service period defined by the DD Form 214.
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) AR20110006461
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ABCMR Record of Proceedings (cont) AR20110006461
2
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ARMY | BCMR | CY2003 | 2003084778C070212
The applicant states that her SPD code is applicable to someone that is barred from reenlisting. The Office of the Deputy Chief of Staff, G-1 at Headquarters, Department of the Army advised that the regulation prior to August 1993 did not provide an SPD code for the voluntary discharge or voluntary/involuntary REFRAD of Soldiers under the provisions of chapter 4, AR 635-200 by reason of ETS; an SPD code was only provided to cover the situation of involuntary discharge of enlisted Soldiers...
ARMY | BCMR | CY2010 | 20100025966
A code of "1" applies to Soldiers completing their term of active service who are considered qualified to reenter the U.S. Army. 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. The SPD code of "MBK" is the...
ARMY | BCMR | CY2011 | 20110019795
Application for correction of military records (with supporting documents provided, if any). She was released under the provisions of chapter 4 of Army Regulation 635-200 (Active Duty Enlisted Administrative Separations) by reason of completion of her required active service after completing 4 years of creditable active military service. "LBK" is the correct code for RA Soldiers who were REFRAD for completion of required active service under the provisions of chapter 4, Army Regulation...
ARMY | BCMR | CY2011 | 20110023257
Army Regulation 635-5-1 (SPD Codes) provides the specific authorities reasons for separating Soldiers from active duty and the SPD Codes to be entered on the DD Form 214. It states that the SPD Code of "LBK" is the appropriate code to assign Soldiers separated under the provisions of Army Regulation 635-200, chapter 4. _____________x_____________ CHAIRPERSON I certify that herein is recorded the true and complete record of the proceedings of the Army Board for Correction of Military...
ARMY | BCMR | CY2011 | 20110018727
Application for correction of military records (with supporting documents provided, if any). The applicant provides the following documents in support of her application: * USAR Personnel Center (ARPERCEN) Physical Review Board Standard Form 507 (Clinical Record) * Physical Review Board clinical records * Standard Form 88 (Report of Medical Examination) reverse and continuation sheet CONSIDERATION OF EVIDENCE: 1. Army Regulation 635-5 (Separation Documents) prescribes the separation...
ARMY | BCMR | CY2013 | 20130014822
ARMY | BCMR | CY2012 | 20120004946
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 | CY2009 | 20090006529
The SPD code of "LBK" is the correct code for RA Soldiers released from active duty for completion of required active service under the provisions of chapter 4, Army Regulation 635-200. The SPD code of "MBK" is the correct code for Soldiers released from active duty for completion of required active service under the provisions of chapter 4, Army Regulation 635-200 when eligible to reenlist or Soldiers with a DCSS in force who are released from Active Duty (REFRAD) on completion of...
ARMY | BCMR | CY2015 | 20150003401
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 | CY2002 | 2002067961C070402
The applicant’s military records show that he served on active duty for 3 years, from 15 July 1980 through 14 July 1983. The records available to the Board are incomplete and were provided by the applicant. The evidence does show that the DD Form 214 issued to the applicant on the date of his separation assigned him a SPD code of LBK, which indicates an involuntary separation and by regulation mandated a reentry code of RE-3.