IN THE CASE OF:	  

		BOARD DATE:  24 April 2012

		DOCKET NUMBER:  AR20110019795 


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) by amending item 27 (Reentry (RE) Code) from a "3" to a "1."

2.  She states she never received any type of punishment under the Uniform Code of Military Justice (UCMJ), never failed an Army Physical Fitness Test, and is not overweight.  She would like to reenter the Armed Forces.  

3.  The applicant did not provide any additional documentation.   

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 for a period of 4 years on 23 January 2002.  After completion of training, she was awarded military occupational specialty 62B (Construction Equipment Repairer).  The highest rank/grade she attained during this period of military service was specialist/E-4.  

3.  Her record contains an Enlisted Record Brief which shows she was promoted to the grade of private first class (PFC)/E-3 on 1 June 2003.  

4.  On 14 September 2005, Headquarters (HQS), 101st Airborne Division (Air Assault), and Fort Campbell, Fort Campbell, KY, published Orders 257-0713 directing her reassignment to the U.S. Army Transition Point for the purpose of release from active duty (REFRAD) effective 22 January 2006, and subsequent transfer to the U.S. Army Reserve (USAR) Control Group (Reinforcement) for completion of her Reserve obligation.  

5.  A DD Form 4 (Enlistment/Reenlistment Document – Armed Forces of the United States) shows she enlisted in the Army National Guard (ARNG) on 
14 December 2005 in the rank of PFC/E-3, for a period of 3 years. 

6.  On 14 December 2005, HQS, 101st Airborne Division (Air Assault), and Fort Campbell, published Orders 348-0707, amending Orders 257-0713, dated 
14 September 2005.  This order changed her assignment from the USAR Control Group (Reinforcement) to Company F, 230th Support Battalion, Red Springs, NC in accordance with her enlistment in the ARNG.

7.  She was honorably REFRAD on 22 January 2006.  The DD Form 214 she was issued shows her rank as PFC/E-3, effective 1 June 2003.  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.  Item 26 (Separation Code) shows the entry “LBK” and item 27 shows the entry “3.” 

8.  Army Regulation 635-200 sets forth the basic authority for the separation of enlisted personnel.  Chapter 4 of this regulation provides that a Soldier will be separated upon the expiration of enlistment or the fulfillment of service obligation.  A Soldier being separated upon expiration of enlistment or fulfillment of the service obligation will be awarded a character of service of honorable, unless the Soldier is in an entry-level status and the service is uncharacterized.

9.  Army Regulation 635-200 states, in pertinent part, that prior to discharge or release from active duty, individuals will be assigned RE codes, based on their service records or the reason for discharge.  

10.  Army Regulation 601-210 (Regular Army and Army Reserve Enlistment Program), covers eligibility criteria, policies, and procedures for enlistment and processing into the Regular Army (RA) and the USAR.  Table 3-1 includes a list of the RA 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.  

11.  Army Regulation 601-280 (Personnel Procurement – Army Retention Program), in effect at the time, stated a Soldier may not exceed the retention control point (RCP) by more than 29 days before expiration of contracted service (reenlistment or extension).   Except for Soldiers serving indefinite reenlistments, Soldiers who reach their RCP during their current enlistment agreement, either through length of service, reduction in rank, or by removal from a promotion list, whether voluntary or involuntary, may serve until contracted Expiration Term of Service (ETS), unless they are separated earlier under applicable administrative, physical disability, or UCMJ separation provisions.  Soldiers in the grade of PFC/E-3 have an RCP not to exceed 3 years.

12.  Army Regulation 635-5-1 (Separation Program Designator Codes) states that SPD codes are three-character alphabetic combinations which identify reasons for, and types of, separation from active duty.  "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 635-200 and are ineligible for, barred from, or otherwise denied reenlistment at the completion of their enlistment.  

13.  The SPD/RE Code Cross Reference Table, dated 8 September 2005, provides instructions for determining the RE code for Active Army Soldiers and RC Soldiers and 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 evidence of record confirms the applicant was honorably REFRAD on 
22 January 2006 in the grade of PFC/E-3.  At the time of her release, she had completed 4 years of active federal service.  
2.  The RCP for a Soldier in the grade of PFC/E-3 is 3 years or until completion of the contractual obligation.  Because she had reached the maximum allowable years of active service in her grade, she became ineligible for reenlistment and as a result, her REFRAD was deemed involuntary.  

3.  Soldiers who are separated under the provisions of chapter 4 of Army Regulation 635-200 and have reached or exceeded their RCP will be assigned the SPD code of "LBK."  The RE code associated with this SPD code is "3."  

4.  In view of the foregoing, she is not entitled to the requested relief.  

5.  Should the applicant have any further concerns regarding her reentry into the Armed Forces, she should contact her local recruiter who will be able to provide more information.

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)                                         AR20110019795





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ABCMR Record of Proceedings (cont)                                         AR20110019795



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