IN THE CASE OF:	  

		BOARD DATE:  13 December 2012

		DOCKET NUMBER:  AR20120009584 


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 following changes to his DD Form 214 (Certificate of Release or Discharge from Active Duty):

* Item 8a (Last Duty Assignment and Major Command) to show Fort Wainwright, Alaska (AK)
* Item 18 (Remarks) to show his deployment with the 172nd Engineer Battalion
* Item 27 (Reentry (RE) Code) to show another RE Code

2.  He states:

   a.  When he joined the Army and upon reaching his duty station at Fort Wainwright, AK, he was assigned to the 172nd Engineer Battalion.  His DD Form 214 does not reflect this deployment.
   
   b.  He has an honorable discharge, but an RE Code 3.  He would like his RE Code changed so he can reenlist and continue to serve his country.  He was told the reason for his RE Code 3 was due to failing the Army Physical Fitness Test (APFT) that was administered in Iraq; however, he passed a second APFT after this before leaving country.  Because his unit knew he was exiting the service they did not update his record.  He is now trying to reenlist and he is being told he can't because of his RE Code of 3.



3.  He provides no additional evidence.

CONSIDERATION OF EVIDENCE:

1.  The applicant's military record shows he enlisted in the Regular Army (RA) in pay grade E-1 on 23 November 2005, for 4 years, at Fort Lee, VA.  He completed training and he was awarded military occupational specialty 68W (Health Care Specialist).  

2.  His record shows he served at Fort Wainwright, AK, from 16 June 2006 to 
27 November 2009.  His record does not show he was assigned to the 172nd Engineer Battalion during his period of service.  

3.  Section I (Assignment Information) of his Enlisted Record Brief (ERB) shows two Flags (Suspension of Favorable Personnel Action) was initiated against him on:

* 9 September 2008 with a flag code of "JA"
* 10 July 2009 with a flag code of "AA"

4.  Section III (Service Data) of this ERB notes that his Reenlistment Eligibility/Prohibitation cited code was "9E."  

5.  On 27 November 2009, he was honorably released from active duty (REFRAD) in pay grade E-4 under the provisions of Army Regulation 635-200 (Personnel Separations-Active Duty Enlisted Administrative Separations), chapter 4, for completion of required active service, at Fort Wainwright, AK.  He was credited with completing 4 years and 5 day of net active service and no time lost.  

6.  Item 8a of his DD Form 214 lists his last duty assignment and major command as Company C, 73rd Engineer Command.  Fort Wainwright, AK is shown in item 8b (Station Where Separated).  His DD Form 214 also shows he was assigned a separation code of "LBK" and RE Code of 3.  Item 18 of this form contains the entry, "Service in Iraq from 20 September 2008 through 
20 September 2009."   

7.  His available military records do not indicate he failed an APFT during his deployment in Iraq.



8.  Army Regulation 680-29 (Personnel Information System - Military Personnel, Organization, and Type of Transaction Codes) covers assignment eligibility and availability and immediate reenlistment option codes.  A review of Immediate Reenlistment Prohibition (ERUP) codes indicates that code "9E" means an individual is unacceptable - physical readiness qualifications.

9.  Army Regulation 600-8-2 (Flags) prescribes policies governing flags.  Table 3-1 of this regulation lists the codes and reasons of flag transactions.  The regulation specifies code "AA" means adverse action and "JA" means APFT failure (non-compliance with the Army Weight Control Program), adverse action.  The removal of the flag is on the date of compliance.  Paragraph 3-2 states Soldiers will not be retained beyond their normal ETS, maximum years of service, or mandatory retirement date solely because they are flagged.  

10.  Army Regulation 635-200 sets forth the basic authority for the separation of enlisted personnel.  Chapter 4 provides for the separation of Soldiers upon expiration of enlistment or fulfillment of service obligation.

11.  Army Regulation 635-5 (Personnel Separations - Separation Documents) prescribes the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army.  It establishes standardized policy for the preparation of the DD Form 214.  It states that for:

	a.  Item 8a, enter the last unit and major command with the corresponding two-character assignment code; 

	b.  Item 8b, enter location where the Soldier is transitioning, include state or country; and 

	c.  Item 18, for an active duty Soldier deployed with his/her unit during their continuous period of active service, enter the statement "SERVICE IN (NAME OF COUNTRY DEPLOYED) FROM (inclusive dates for example, YYYYMMDD - YYYYMMDD)."  There are no provisions for listing states and date of deployment on the DD Form 214.

12.  Army Regulation 601-210 (Active and Reserve Components Enlistment Program) covers eligibility criteria, policies, and procedures for enlistment and processing into the RA and the Reserve.  The regulation provides 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.  Chapter 3 of this regulation prescribes basic eligibility for prior service applicants for enlistment 

and includes a list of Armed Forces reentry codes, including RA RE Codes.  
RE-3 applies to persons separated with a waivable disqualification.  

13.  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 SPDs to be used for these stated reasons.  The regulation shows the SPD of "LBK" as shown on the applicant’s DD Form 214 is appropriate for involuntary separation for “Completion of Required Active Service” and the authority for separation is Army Regulation 635-200, chapter 4.  

14.  The SPD/RE Code Cross Reference Table provides instructions for determining the RE code for Active Army Soldiers and Reserve Component Soldiers.  It also shows SPD codes with their corresponding RE code.  The cross reference table in effect at the time of his release from active duty shows the SPD Code of "LBK" had a corresponding RE Code of "3."

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record shows the applicant's last unit of assignment and major command, place where separated, and his deployment to Iraq were properly entered in items 8a, 8b, and 18 on his DD Form 214 in accordance with regulatory guidance.  There is no evidence of record and he provided none to show he was assigned to the 172nd Engineer Battalion during his period of service.  Furthermore, there is no regulatory provision to add the deployed unit of assignment to the DD Form 214.  

2.  The evidence of record shows he twice flagged for non-compliance with the Army Weight Control Program.  He was determined to be unacceptable due to physical readiness qualifications.  He was REFRAD on 27 November 2009, under the provisions of Army Regulation 635-200, chapter 4, paragraph 5-13, and assigned an SPD code LBK and RE Code of 3.  

3.  In accordance with Army Regulation 601-210, his assigned RE Code of 3 is consistent with the SPD/RE code cross reference table for Soldiers discharged for Completion of Required Active Service.  The evidence also shows he was properly separated in accordance with pertinent regulations, with due process.  

4.  There is no evidence of record and he provided none to show that his assigned RE Code of 3 is in error or unjust.  Therefore, he has established no basis for changing his existing RE Code.  RE Codes are not to be considered derogatory in nature, they are simply codes used for identification of an enlistment processing procedure.  Therefore, he has established no basis for changing his existing 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)                                         AR20120009584



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ABCMR Record of Proceedings (cont)                                         AR20120009584


   
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