IN THE CASE OF:
BOARD DATE: 31 January 2013
DOCKET NUMBER: AR20120012883
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 to RE-1.
2. The applicant states his DD Form 214 (Certificate of Release or Discharge from Active Duty) shows an outstanding and clean 4-year service record.
3. The applicant provides his DD Form 214.
CONSIDERATION OF EVIDENCE:
1. The applicant enlisted in the Regular Army (RA) on 3 January 2008. He served as a combat engineer in Iraq from 4 December 2008 to 15 November 2009. He was honorably released from active duty on 23 April 2012 for completion of required active service.
2. His DD Form 214 shows in:
* Item 25 (Separation Authority) the entry "AR [Army Regulation] 635-200, CHAP (chapter) 4"
* Item 26 (Separation Code) the entry "LBK"
* Item 27 (Reentry Code) the entry "3"
* Item 28 (Narrative Reason for Separation) the entry "COMPLETION OF REQUIRED ACTIVE SERVICE
3. There is no evidence in the available records which shows he was ineligible for, barred from, or otherwise denied reenlistment.
4. Army Regulation 635-5-1 (Separation Program Designator Codes (SPD)) prescribes the specific authorities (regulatory, statutory, or other directives), the reasons for the separation of members from active military service, and the SPD code to be used for these stated reasons. The regulation states the reason for discharge based on SPD code "LBK" is "Completion of required active service" and the regulatory authority is Army Regulation 635-200, chapter 4. The regulation states that separation code LBK is to be used for RA Soldiers ineligible for, barred from, or otherwise denied reenlistment who are separated on completion of enlistment. The SPD/RE Code Cross Reference Table, dated
15 June 2006, stipulates that an RE-3 code will be assigned to members separated under these provisions with an SPD code of LBK.
5. 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 Regular Army 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:
* RE-3 applies to persons who are not considered fully qualified for reentry or continuous service at the time of separation, but the disqualification is waivable
* RE-1 applies to persons completing an initial term of active service who were fully qualified when last separated
DISCUSSION AND CONCLUSIONS:
1. The applicant contends he had an outstanding and clean 4-year service record.
2. The governing regulation states the separation code of LBK is to be used for RA Soldiers ineligible for, barred from, or otherwise denied reenlistment that are separated on completion of enlistment.
3. Although there is no evidence in the available records which shows he was ineligible for, barred from, or otherwise denied reenlistment, administrative regularity is presumed. Therefore, the RE code used in the applicant's case is correct and was applied in accordance with the applicable regulations. Therefore, there is no basis for granting the applicant's request to change 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) AR20120012883
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ABCMR Record of Proceedings (cont) AR20120012883
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