IN THE CASE OF:	  

		BOARD DATE:  1 May 2012

		DOCKET NUMBER:  AR20110019192 


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 his DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period ending 1 July 2006 to show his reentry eligibility (RE) code as RE-1 instead of RE-3.

2.  The applicant states he participated in no negative conduct and he fulfilled all of his commitments to the U.S. Army.  The applicant states he recently discovered the error after attempting to enroll in the Reserve Officers' Training Corps (ROTC).

3.  The applicant provides no additional evidence in support of this case.

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 enlisted in the Regular Army (RA) on 24 November 2002 having prior enlisted service in the U.S. Army Reserve (USAR).  He successfully completed advanced individual training and he was awarded military occupational specialty 91D (Operating Room Specialist).

3.  On 10 May 2006, Headquarters, Walter Reed Army Medical Center, Washington, DC, published Orders 130-0001 directing the applicant's reassignment to the U.S. Army Transition Center for the purpose of separation effective 1 July 2006 and subsequent transfer to the USAR Control Group (Reinforcement) for completion of his Reserve obligation.

4.  The applicant's Enlisted Record Brief, dated 23 May 2006, shows he was assigned a flag code of "JA" on 27 October 2004 for failure of the Army Physical Fitness Test (APFT) and he was assigned a flag code of "KA" on 25 January 2006 for failure of the Army Weight Control Program.  The document further shows he was assigned an RE prohibition code of "9" (Physical Readiness Disqualification).

5.  The applicant's records further show he was honorably released from active duty (REFRAD) on 1 July 2006.  His DD Form 214 shows he was REFRAD under the provisions of chapter 4 of Army Regulation 635-200 (Active Duty Enlisted Administrative Separations) by reason of completion of his required active service.  His DD Form 214 shows he completed 3 years, 7 months, and 8 days of creditable active military service during this period.  Item 26 (Separation Code) shows the entry "LBK" and item 27 (Reentry Code) shows the entry "3."

6.  Army Regulation 635-200 sets forth the basic authority for the separation of enlisted personnel.  It states that individuals will be assigned RE codes prior to discharge or REFRAD based on their service records or the reason for discharge.

7.  Army Regulation 601-210 (Active and Reserve Components Enlistment Program) covers eligibility criteria, policies, and procedures for enlistment and processing in the RA, USAR, and Army National Guard.  An RE code of "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.  An RE code of "3" applies to Soldiers who are not considered fully qualified for reentry or continuous service at the 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 (SPD) Codes) states that 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.  Two codes are used for Soldiers REFRAD 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 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, dated 15 June 2006, provides instructions for determining the RE code for Active Army Soldiers and Reserve Component Soldiers.  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 1 July 2006 and he was transferred to the USAR Control Group (Reinforcement) for completion of his Reserve obligation.  This would have normally required that he be assigned an SPD code of "MBK."  However, the applicant appears to have had his favorable personnel actions suspended (flagged) due to being overweight and an APFT failure.  These flags would have put him in a non-promotable status and ineligible to reenlist.

2.  Having been ineligible for reenlistment, the only available SPD code the applicant could have been assigned under the provisions of chapter 4, Army Regulation 635-200, is the SPD code of "LBK" which is correctly shown on the applicant's DD Form 214.  The RE code associated with this type of SPD code is "3."  Therefore, the applicant received the appropriate RE code associated with his discharge.

3.  The ABCMR does not correct records solely for the purpose of enrolling in the Army ROTC.  The applicant is advised that if he desires to reenter military service, he should contact a local recruiter who can best advise him on his 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 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)                                         AR20110019192



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ABCMR Record of Proceedings (cont)                                         AR20110019192



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