IN THE CASE OF:
BOARD DATE: 31 May 2012
DOCKET NUMBER: AR20110023257
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, in effect, the Immediate Reenlistment Eligibility/Prohibition (ERUP) Code on her Enlisted Record Brief (ERB) be changed to "10. She also claims the Reentry Eligibility (RE) Code on her
DD Form 214 (Certificate of Release or Discharge from Active Duty) is incorrect.
2. The applicant states she saw the error on her ERB on approximately
24 November 2010 just before she was discharged.
3. The applicant provides copies of:
* Memoranda, dated 30 December 2009 and 24 November 2010
* DA Form 5501 (Body Fat Content Worksheet), dated 4 October 2010
CONSIDERATION OF EVIDENCE:
1. The available records show the applicant enlisted in the Regular Army on
19 June 2007 for a period of 3 years and 24 weeks. She completed training and was awarded military occupational specialty 63B (Wheeled Vehicle Mechanic).
2. Her records contain an ERB, dated 1 October 2010, showing an ERUP Code of "9Z" (weight disqualification).
3. On 3 December 2010, the applicant was released from active duty (REFRAD). She had completed 3 years, 5 months, and 15 days of net active service. She was assigned a separation program designator (SPD) Code of "LBK" and an RE code of "3."
4. The applicant provides a copy of a:
a. Memorandum, dated 30 December 2009, showing she was in compliance with the provision of Army Regulations 600-9 (The Army Weight Control Program) and therefore removed from the weight control program.
b. Body Fat Content Worksheet, dated 4 October 2010, showing the applicant was in compliance with Army Standards.
c. Memorandum, dated 24 November 2010, showing her current ERUP Code as 9Z. She was no longer flagged and was not pending any type of adverse action at that time. Paragraph 2 of this memorandum states "Request that the ERUP Code be changed to 10."
5. Army Regulation 600-8-104 (Military Personnel Management Information Records) prescribes the policies and mandated operating tasks for the Military Personnel Information Management/Records Program of the Military Personnel System. The ERB is an automated record of personnel management qualifications and provides some duplication, in the form of data, or information recorded in the Soldier's Official Military Personnel File. The ERB is created, maintained, and updated while the Soldier is on active duty. Upon separation from active duty, the ERB is no longer maintained or updated.
6. Army Regulation 601-210 (Active and Reserve Components Enlistment Program) prescribes eligibility criteria, policies, and procedures for enlistment and processing into the RA and the U.S. Army Reserve (USAR). Chapter 3 of that regulation prescribes basic eligibility for prior service applicants for enlistment and includes a list of Armed Forces RE Codes including RA RE Codes. An RE Code of "3" applies to persons separated with a waivable disqualification.
7. 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. The SPD/RE Code Cross Reference Table stipulates that an RE Code of "3" will be assigned to members separated under these provisions with an SPD Code of "LBK."
DISCUSSION AND CONCLUSIONS:
1. The ERB is an automated record of a Soldier's personnel management qualifications in the form of data. The ERB is not maintained or updated subsequent to a Soldier's separation from active duty. Therefore, the applicant is not entitled to correction of her ERB. However, if the applicant reenters the active Army, a new ERB will be generated and it should reflect the appropriate ERUP Code.
2. There is no evidence available showing the applicant's DD Form 214 contains an incorrect RE Code. The applicant was assigned an SPD Code of "LBK" and an RE Code of "3" based on her narrative reason for separation.
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) AR20100010153
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ABCMR Record of Proceedings (cont) AR20110023257
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