IN THE CASE OF:	  

		BOARD DATE:	  12 July 2012

		DOCKET NUMBER:  AR20120001016 


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 separation code be changed to reflect "completion of required active duty service" and his reentry eligibility (RE) code of "3" be changed to a "1" on his DD Form 214 (Certificate of Release or Discharge from Active Duty).  

2.  He states:

   a.  the reason for his separation of completion of required active service in item 28 (Narrative Reason for Separation) on his DD Form 214 does not coincide with the RE code in item 26 (Separation Code).
   
   b.  the separation code of "LBK," which indicates an involuntary separation from active duty service, caused him to receive an RE code "3."
   
   c.  he learned from the Military Transition Point that the errors were due to Section III (Service Data) of his Enlisted Record Brief, which reflects a reenlistment eligibility prohibition code of "9X" (Other, Prohibitions not otherwise identified). The "9X" entry has no standing because there is no flag located in the flag code reference box.  
   
3.  He provides:

* Letter of recommendation
* Letter from the U.S. Army Human Resources Command, Alexandria, VA
* Discharge orders
* Orders awarding him the Army Good Conduct Medal
* Enlisted Record Brief
* DD Form 214

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 on 15 June 2001 for a period of four years.  Upon completion of initial entry training, he was awarded military occupational specialty 11B (Infantryman).  He was promoted to sergeant on 1 March 2005.

3.  His Enlisted Record Brief shows he was assigned a 9X reenlistment eligibility prohibition code.

4.  He was honorably released from active duty on 14 June 2005 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 4 years of net active service.  He was transferred to the U.S. Army Reserve (USAR) Control Group (Reinforcement) to complete his remaining Reserve obligation.

5.  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.  His service record does not indicate he received any disciplinary actions for misconduct during this period.  His record is also void of any derogatory information or indication he was barred from reenlistment or that he declined continued service.



6.  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 SPD codes to be used for these stated reasons.  Individuals will be assigned RE codes prior to discharge or release from active duty based on their service record or the reason for discharge.

	a.  This regulation shows the SPD code of "LBK" as shown on the applicant's DD Form 214 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 reentry code to assign to Soldiers separated for this reason.

	b.  This regulation further shows the SPD code of "MBK" specifies the narrative reason for separation as voluntary 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 1 or 3 as the proper reentry code to assign to Soldiers separated for this reason.  The regulation states enter RE code 3 when the record indicates the Soldier:

* is ineligible for or otherwise denied immediate reenlistment
* has a Declination of Continued Service Statement (DCSS)
* has grade and service criteria in Army Regulation 601-210 (Active and Reserve Components Enlistment Program), paragraph 3-10
* has time lost due to absence without leave or confinement
* has an Immediate Reenlistment Prohibition Code of "9T"

7.  Army Regulation 601-210 covers eligibility criteria, policies, and procedures for enlistment and processing in the Regular Army, USAR, and Army National Guard.  It determines Regular Army and Reserve reentry eligibility and provides regulatory guidance for the RE codes.  Table 3-1 contains a list of RE codes.

   a.  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.

   b.  RE-3 applies to Soldiers who are not considered fully qualified for reentry or continuous service at time of separation, but disqualification is waivable.  They are ineligible unless a waiver is granted.


DISCUSSION AND CONCLUSIONS:

1.  The applicant's contentions regarding his separation code and RE-3 code are acknowledged and determined to have merit.

2.  The applicant was released from active duty on 14 June 2005 at the completion of his required active service under the provisions of Army Regulation 635-200, chapter 4, and transferred to the USAR Control Group (Reinforcement) to complete his remaining Reserve obligation.

3.  His record is void of any derogatory information or indication he was barred from reenlistment or declined continued service.

4.  His DD Form 214 shows he was separated with an SPD code of LBK and he was assigned an RE-3 code.

5.  Army Regulation 635-5-1 states the SPD code of LBK specifies the narrative reason for enlisted personnel who were involuntarily released from active duty for completion of required active service.  However, the applicant was voluntarily released from active duty at the completion of his required active service and his service record is void of any disciplinary actions.  Therefore, he should have been issued an SPD code of MBK instead of the LBK that is currently shown on his DD Form 214.

6.  The SPD code of MBK authorizes an RE code of 1 or 3.  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 reenlistment, has a DCSS, has grade and service criteria in Army Regulation 601-210, has time lost due to AWOL or confinement, or has an immediate reenlistment prohibition code of "9T."  The applicant's record indicates none of these factors.

7.  Therefore, it appears that administrative errors occurred in this case and it would be appropriate at this time to correct his DD Form 214 to show his SPD code as MBK and his RE code as 1.



BOARD VOTE:

____X____  ___X_____  ___X____  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The Board determined that the evidence presented was sufficient to warrant a recommendation for relief.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: 

   a.  deleting the entry "LBK" from item 26 of his DD Form 214 and replacing it with the entry "MBK," and

	b.  deleting the entry "3" from item 27 of his DD Form 214 and replacing it with the entry "1."




      _______ _   _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)                                         AR20120001016





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ABCMR Record of Proceedings (cont)                                         AR20120001016



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