BOARD DATE: 14 June 2012
DOCKET NUMBER: AR20110024981
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 his reentry (RE) code be changed.
2. The applicant states, in effect:
* He wants to join the Reserves
* He has an RE code of "3"
* He has no knowledge regarding the reason for his RE code and believes it to be an error
3. The applicant provides his DD Form 214 (Certificate of Release or Discharge from Active Duty).
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 (RA) on 18 May 1994 for a period of 4 years. He completed his training and was awarded military occupational specialty 91A (Medical Equipment Repairer) and 51R (Interior Electrician). On 28 September 1995, he extended his 4-year enlistment for a period of 8 months. He served in Southwest Asia from 15 February to 14 August 1997. On
26 October 1998, he was honorably discharged for immediate reenlistment. He reenlisted on 27 October 1998 for a period of 3 years.
3. He was honorably released from active duty in the rank of specialist on
26 October 2001 under the provisions of Army Regulation 635-200 (Personnel Separations), chapter 4, for completion of required active service after completing 7 years, 5 months, and 9 days of creditable active Federal service.
4. Item 25 (Separation Authority) of his DD Form 214 shows the entry "AR [Army Regulation] 635-200, CHAP [chapter] 4." Item 26 (Separation Code) shows the entry "MBK." Item 27 (Reentry Code) shows the entry "3." Item
28 (Narrative Reason for Separation) shows the entry "COMPLETION OF REQUIRED ACTIVE SERVICE. Item 29 (Dates of Time Lost During This Period) of this DD Form 214 shows the entry "NONE."
5. Army Regulation 635-5-1 (Separation Program Designator (SPD) Codes) prescribes the specific authorities (regulatory, statutory, or other directives), the reasons for the separation of members from active military service, and the separation program designators to be used for these stated reasons. The regulation states the reason for separation based on separation code "MBK" is "Completion of required active service" and the regulatory authority is Army Regulation 635-200, chapter 4.
6. Pertinent Army regulations provide 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. Army Regulation 601-210 covers eligibility criteria, policies, and procedures for enlistment processing into the RA and the U.S. Army Reserve. Chapter 3 of that regulation prescribes basic eligibility for prior service applicants for enlistment. That chapter includes a list of armed forces RE codes.
7. Paragraph 3-10 of Army Regulation 601-210 states if an applicant is eligible to enlist with or without a waiver or grade determination, then the term of enlistment when added to previous Active Federal Service (AFS) will not exceed 10 years AFS for a specialist.
8. RE-3 applies to persons who are not qualified for continued Army service, but the disqualification is waivable.
9. RE-1 applies to persons completing an initial term of active service who were fully qualified when last separated.
10. The SPD Code/RE Code Cross Reference Table, dated March 2001, shows that SPD "MBK" will be assigned an RE code of "1" or "3." This table states that an RE code of "3" will be assigned when a Soldier's record indicates (for the current enlistment period) the individual is ineligible for or was otherwise denied immediate reenlistment; has a declination of continued service statement; has (not met) grade and service criteria in Army Regulation 601-210, paragraph 3-10; or has time lost due to being absent without leave or confinement.
DISCUSSION AND CONCLUSIONS:
1. The available evidence shows the applicant was released from active duty in the rank of specialist on 26 October 2001 after completing 7 years, 5 months, and 9 days of AFS with an RE code of "3."
2. Since his next term of enlistment (at least 3 years) had he reenlisted would have carried him past 10 years AFS, and the governing regulation states an RE code of 3 will be assigned when a Soldier has (not met) grade and service, it appears his RE code is correct. Therefore, there is insufficient evidence on which to amend his 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 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) AR20110024981
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ABCMR Record of Proceedings (cont) AR20110024981
2
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ARMY | BCMR | CY2014 | 20140016912
The applicant's record shows that he enlisted in the Regular Army for a period of 4 years on 25 September 1996. It states, in pertinent part, that the SPD code LBK is the appropriate code to assign to Soldiers involuntarily released from active duty upon completion of required active service and that this code is to be used for Regular Army Soldiers ineligible for, barred from, or otherwise denied reenlistment that are separated on completion of enlistment under the provisions of Army...
ARMY | BCMR | CY2013 | 20130002682
It states the SPD code LBK is the appropriate code to assign to Soldiers involuntarily released from active duty upon completion of required active service and that this code is to be used for RA Soldiers ineligible for, barred from, or otherwise denied reenlistment that are separated on completion of enlistment under the provisions of Army Regulation 635-200, chapter 4 due to completion of enlistment. Army Regulation 635-5-1 also provides that the SPD code MBK is the appropriate code to...
ARMY | BCMR | CY2011 | 20110002059
He was honorably released from active duty on 7 October 2005 under the provisions of Army Regulation 635-200 (Personnel Separations - Active Duty Enlisted Administrative Separations), chapter 4, by reason of completion of required active service. Item 26 (Separation Code) of the DD Form 214 he was issued for this period of service shows he was assigned code LBK for an involuntary release from active duty or transfer by reason of completion of required active service. However, the SPD/RE...
ARMY | BCMR | CY2012 | 20120001016
His DD Form 214 shows he was assigned separation code LBK for an involuntary release from active duty or transfer by reason of completion of required active service and an RE code of 3. Individuals will be assigned RE codes prior to discharge or release from active duty based on their service record or the reason for discharge. The SPD/RE Code Cross Reference Table states to enter RE code 3 when the Soldier's record indicates the Soldier is ineligible for or otherwise denied immediate...
ARMY | BCMR | CY2010 | 20100027610
The applicant states he completed his 3-year service obligation and he was honorably discharged with a separation program designator (SPD) code of MBK and he does not know why he received an RE-3 code. Only when there is evidence to support an incorrect RE code or when there is an administrative error will an applicant be advised to request a correction; b. an RE-1 applies to Soldiers completing their term of active service who are considered qualified to reenter the U.S. Army. Without...
ARMY | BCMR | CY2007 | 20070009913
ARMY | BCMR | CY2013 | 20130014822
ARMY | BCMR | CY2010 | 20100030190
The applicant submitted an application, dated 6 December 2010, requesting correction to Item 27 (Reentry (RE) Code) on his DD Form 214 (Certificate of Release or Discharge from Active Duty), for the period ending 1 April 2000, to show RE-1 instead of RE-3. He was honorably released from active duty (REFRAD) in pay grade E-3 on 1 April 2000, under the provisions of Army Regulation 635-200 (Personnel Separations - Enlisted Separations), chapter, for completion of required active service. ...
ARMY | BCMR | CY2007 | 20070013086
RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 29 January 2008 DOCKET NUMBER: AR20070013086 I certify that hereinafter is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in the case of the above-named individual. Pertinent Army regulations provide that prior to discharge or release from active duty, individuals will be assigned reentry codes, based on their service records or the reason for discharge. The evidence of record...
ARMY | BCMR | CY2010 | 20100008862
The applicant states the following: a. he was separated from the Army by reason of completion of required service; b. he received an honorable discharge; and c. he cannot reenlist until Item 27 (Reentry Code) of his DD Form 214 (Certificate or Release or Discharge from Active Duty) is changed to an RE code of 1. The SPD/RE Code Cross Reference Table establishes that an RE code of 1 would be assigned to members separated under the provisions of this regulation except those who are ineligible...