IN THE CASE OF:
BOARD DATE: 7 February 2012
DOCKET NUMBER: AR20110014958
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 amendment of his reentry eligibility (RE) code of 3 to a more favorable code.
2. The applicant states he was never punished under the Uniform Code of Military Justice and he was never reduced in rank or had any other adverse action. He voluntarily enrolled in the Alcohol and Drug Abuse Prevention and Control Program. He contends he knows of no reason why he would have an RE code of 3. He was involuntarily extended on active duty in order to be deployed to Iraq, but he was told that should not affect his RE code.
3. The applicant provides his DD Form 214 (Certificate of Release or Discharge from Active Duty) and a letter of support.
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. He enlisted in the Regular Army on 28 March 2000 for a period of 5 years. He was honorably released from active duty on 30 April 2006 under the provisions of Army Regulation 635-200 (Active Duty Enlisted Administrative Separations), chapter 4, by reason of completion of required active service. He completed 6 years, 1 month, and 3 days of net active service during this period. He was transferred to the U.S. Army Reserve Control Group (Reinforcement).
3. Item 26 (Separation Code) of his DD Form 214 shows he was assigned the separation program designator (SPD) code of "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."
4. His records contain no disciplinary actions; however, his Enlisted Record Brief shows the entry "9E" in section III (Service Data) indicating an unacceptable physical readiness qualification.
5. The applicant provides a letter from his former platoon sergeant which explains how the applicant's asthma did not prevent him from performing his duties.
6. Army Regulation 635-5-1 (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. The SPD code of "LBK" specifies the narrative reason for separation as involuntary release from active duty for "completion of required active service" and 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 code to assign to Soldiers separated for this reason.
* RE-1 applies to Soldiers completing their terms of active service who are considered qualified to reenter the U.S. Army; 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 the time of separation, but disqualification is waivable; they are ineligible unless a waiver is granted
DISCUSSION AND CONCLUSIONS:
1. The applicant was involuntarily released from active duty on 30 April 2006 under the provisions of Army Regulation 635-200, chapter 4, at the completion of his required active service.
2. His record shows he was prohibited from reenlistment due to an unacceptable physical readiness qualification. He received an SPD code of "LBK" and the appropriate RE code associated with this discharge is RE-3 which is correctly shown on his DD Form 214.
3. Lacking evidence to the contrary, his administrative separation was accomplished in compliance with applicable regulations with no indication of procedural errors that would tend to jeopardize his rights.
4. In view of the foregoing, he is not entitled to the requested relief.
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 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) AR20110014958
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ABCMR Record of Proceedings (cont) AR20110014958
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