IN THE CASE OF:	  

		BOARD DATE:	  17 July 2012

		DOCKET NUMBER:  AR20120002208 


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 eligibility (RE) code be changed from     RE-3 to an RE-1 so he may reenter military service as an officer.

2.  The applicant states upon completing his active duty and Reserve obligation, he opted out of reenlisting in order to complete his degree and apply to Officer Candidate School (OCS).  When he processed out of the Army, his medical examination indicated he was qualified for service.  However, after meeting with an Army Recruiter to begin his OCS packet, it was discovered his RE code appeared to be in error.

3.  The applicant provides:

* DD Form 214 (Certificate of Release or Discharge from Active Duty) 
* Pages 1 and 3 of a DD Form 2808 (Report of Medical Examination), dated 15 April 2005
* Page 3 of a DD Form 2807-1 (Report of Medical History), dated 21 April 2005
* Information Paper, dated 10 January 2012

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 he enlisted in the Regular Army (RA) for a period of 4 years on 19 June 2001 and he was promoted to the rank/grade of specialist/E-4 on 1 November 2003.  

3.  He was honorably released from active duty (REFRAD) on 18 June 2005 and he was transferred to the U.S. Army Reserve (USAR) Control Group (Reinforcement) to complete his remaining service obligation.  He was awarded the Army Lapel Button, Army Commendation Medal, Army Good Conduct Medal, National Defense Service Medal, Global War on Terrorism Service Medal, Global War on Terrorism Expeditionary Medal, Army Service Ribbon,  and Korea Defense Service Medal.

4.  His DD Form 214 shows he was REFRAD under the provisions of chapter     4 of Army Regulation 635-200 (Personnel Separations) by reason of completion of his required active service.  This form further confirms he completed 4 years of creditable active military service.  Item 26 (Separation Code) shows the entry "LBK" and item 27 (Reentry Code) shows the entry "3."  

5.  His record contains Orders 08-233-00010, dated 20 August 2008, issued by Headquarters, Regional Support Group – West, Arlington Heights, IL, which shows he was honorably discharged from the USAR on 2 August 2008.

6.  Army Regulation 635-200 sets forth the basic authority for the separation of enlisted personnel.  It 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.  Army Regulation 601-210 (Regular Army and Army Reserve Enlistment Program) covers eligibility criteria, policies, and procedures for enlistment and processing into the 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.  However, those individuals are ineligible unless a waiver is granted.  
7.  Army Regulation 635-5-1 (Separation Program Designator Codes) states that the Separation Program Designator (SPD) codes are three-character alphabetic combinations which identify reasons for, and types of, separation from active duty.  Two codes are used for Soldiers released from active duty 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 (DCSS) 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.

8.  The SPD/RE Code Cross Reference Table, dated 31 March 2005, provides instructions for determining the RE code for Active Army Soldiers and Reserve Component Soldiers.  This cross reference table shows the SPD code and corresponding RE code.  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 clearly shows the applicant was honorably REFRAD on 18 June 2005 by reason of completion of his required service.  He successfully transferred to and subsequently completed his military service obligation in the USAR.   There is no evidence the applicant signed a DCSS or was ineligible for, barred from, or otherwise denied reenlistment at the completion of his enlistment.  Furthermore, the governing regulations provide for an SPD of "MBK" and an RE code of "1" for Soldiers who are released under this circumstance.  Therefore, it appears the applicant received the SPD "LBK" and corresponding RE code of "3" in error.  

2.  In view of the above, the applicant’s DD Form 214 should be corrected to show an SPD of "MBK" and an RE code of "1" for his active duty service that ended on 18 June 2005.




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 showing in item 26 an SPD of "MBK" and in item 27 an RE code of "1" of his     DD Form 214 ending 18 June 2005.




      _______ _   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)                                         AR20120002208



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ABCMR Record of Proceedings (cont)                                         AR20120002208



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