BOARD DATE:	  9 October 2012

		DOCKET NUMBER:  AR20120006803 


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 change of his reentry eligibility (RE) code from RE-3 to an RE-1 so he may reenter military service.

2.  The applicant states he completed a successful deployment to Iraq and he was honorably discharged.  He would like to reenter military service.

3.  The applicant provides:

* DD Form 214 (Certificate of Release or Discharge from Active Duty)
* A letter of recommendation, dated 27 April 2011

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 (RA) on 2 July 2003 and held military occupational specialty 19K (M-1 Armor Crewmember).  He served in Iraq in support of Operation Iraqi Freedom from 20 September 2006 to 20 September 2007.

3.  His record shows he was promoted to the rank/grade of private first class (PFC)/E-3 on 1 December 2004 and to specialist (SPC)/E-4 on 2 July 2005.  However, he was reduced to private (PV2)/E-2 on 1 January 2007.  The complete facts and circumstances of his reduction are not available for review with this case.

4.  His Enlisted Record Brief shows he was flagged (suspension of favorable personnel actions) for Army Physical Fitness Test (APFT) failure, as of 30 March 2007.

5.  He was honorably released from active duty (REFRAD) on 22 December 2007 and he was transferred to the U.S. Army Reserve (USAR) Control Group (Reinforcement) to complete his remaining service obligation.  He completed 5 years, 5 months, and 21 days of creditable active service.

6.  The DD Form 214 he was issued at the time shows he was REFRAD 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) shows the entry "LBK" and item 27 (RE Code) shows the entry "3."

7.  He provides a letter of recommendation from a warrant officer who strongly recommends his reentry into active service.

8.  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 included 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 the time of separation, but the disqualification is waivable.  However, those individuals are ineligible unless a waiver is granted.

9.  Army Regulation 635-5-1 (Separation Program Designator (SPD) Codes) states that the SPD codes are three-character alphabetic combinations that 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 Army Regulation 635-200, chapter 4:

	a.  The SPD code of "LBK" is the correct code for RA Soldiers REFRAD for completion of required active service under the provisions of Army Regulation 635-200, chapter 4 who sign a Declination of Continued Service Statement (DCCS) 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 Army Regulation 635-200, chapter 4 when eligible to reenlist and are transferred to the Reserve component to complete their military service obligation.  This SPD code is also used for Army National Guard of the United States (ARNGUS) or USAR Soldiers who are REFRAD on completion of required active service or period for which ordered to active duty.

10.  The SPD/RE Code Cross Reference Table provides instructions for determining the RE code for Active Army Soldiers and Reserve Component Soldiers.  This cross reference table in effect at the time of his discharge shows 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 confirms the applicant was honorably REFRAD on   22 December 2007 by reason of completion of his required service.  He was assigned an SPD code of "LBK."  In the absence of evidence to the contrary, it must be presumed that he received the appropriate SPD code at the time of his separation.  The RE code associated with this type of SPD code is "3."  Therefore, the applicant received the appropriate RE code associated with his discharge.  

2.  The ABCMR does not correct records solely for the purpose of establishing eligibility for other programs or benefits.  The applicant is advised that if he desires to reenter military service, he should contact a local recruiter who can best advise him on his eligibility for returning to military service.  Those individuals can best advise a former service member as to the needs of the service at the time and may process enlistment waivers for the applicant's RE code.

3.  In view of the foregoing, there is an insufficient evidentiary basis for granting the applicant's requested relief.
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)                                         AR20120006803



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ABCMR Record of Proceedings (cont)                                         AR20120006803



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