IN THE CASE OF:	  

		BOARD DATE:  24 October 2013

		DOCKET NUMBER:  AR20130002682 


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 DD Form 214 (Certificate of Release or Discharge from Active Duty) to show his reentry eligibility (RE) code as RE-1 instead of RE-3.

2.  The applicant states he completed his required service without incident and he was honorably released from active duty after completion of his initial term of enlistment.  This error was brought to his attention when he attempted to reenter military service.

3.  The applicant provides no additional evidence.

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 21 January 2003 for a period of 3 years.  He deployed to Kuwait and Iraq in support of Operation Iraqi Freedom from 12 September 2004 to 4 October 2005.  Among the awards and decorations he was awarded or authorized are the Army Commendation Medal (2nd Award), Combat Action Badge, Iraq Campaign Medal, and Global War on Terrorism Service Medal.

3.  His record contains a DD Form 2648 (Preseparation Counseling Checklist for Active Component Service Members) that shows he underwent counseling for voluntary separation 23 November 2005.

4.  On 20 January 2006, the applicant was honorably released from active duty under the provisions of Army Regulation 635-200 (Personnel Separations – Actve Duty Enlisted Administrative Separations), chapter 4, by reason of completion of required active service.  He was transferred to the U.S. Army Reserve (USAR) Control Group (Reinforcement) to complete his remaining service obligation.  At the time of his release from active duty, he held the rank/pay grade of specialist (SPC)/E-4.  His DD Form 214 shows in:

	a.  item 18 (Remarks) – he completed his first full term of service;

	b.  item 24 (Character of Service) – he received an honorable discharge;

	c.  item 25 (Separation Authority) – he was released from active duty under the provisions of Army Regulation 635-200, chapter 4;

	d.  26 (Separation Code) – he was assigned a Separation Program Designator (SPD) code of LBK;

	e.  27 (RE Code) – he was assigned an RE code of 3;

	f.  28 (Narrative Reason for Separation) – he completed his required active service; and

	g.  29 (Dates of Time Lost During this Period) – he had no time lost.

5.  The applicant's record is void of any derogatory information, adverse actions, bar to reenlistment, or indication that he signed a Declination of Continued Service Statement (DCSS) prior to his separation.

6.  On 7 July 2006, the applicant enlisted in the Army National Guard (ARNG) for a period of 4 years and 18 weeks.

7.  On 22 January 2009, the applicant reenlisted in the ARNG for a period of 3 years.

8.  Orders 26-1022, issued by Joint Force Headquarters, California ARNG, dated 26 January 2012, discharged the applicant from the ARNG and as a reserve of the Army, effective 21 January 2012.  These orders show his type of discharge was honorable and that he was assigned an RE code of 1.

9.  Army Regulation 635-200 sets forth the basic authority for the separation of enlisted personnel.  Chapter 4 of this regulation provides a Soldier enlisted or ordered to active duty will be discharged or release from active duty on the date he/she completes the period for which enlisted or ordered to active duty.  It also states 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.

10.  Army Regulation 601-210 (Regular Army and Army Reserve Enlistment Program) covers eligibility criteria, policies, and procedures for enlistment and processing into the Regular Army and the USAR.  Table 3-1 includes a list of the Regular Army RE codes.

	a.  An RE-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.

	b.  An RE-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.  RE code 4 applies to persons separated from their last period of service who have a nonwaivable disqualification and are ineligible for reentry.

11.  Army Regulation 601-210, paragraph 3-10 provides the parameters for Regular Army retention control points (RCP).  This paragraph stipulates that if an applicant is eligible to enlist with or without a waiver or grade determination, then the term of enlistment when added to previous Active Federal Service (AFS) will not exceed the established criteria.  For a specialist (SPC)/E-4, this is not more than 10 years of AFS.

12.  Army Regulation 635-5-1 (Separation Program Designator (SPD) Codes) provides the specific authorities (regulatory or directive), reasons for separating Soldiers from active duty, and the SPD codes to be entered on the DD Form 214. It states the SPD code LBK is the appropriate code to assign to Soldiers 

involuntarily released from active duty upon completion of required active service and that this code is to be used for RA Soldiers ineligible for, barred from, or otherwise denied reenlistment that are separated on completion of enlistment under the provisions of Army Regulation 635-200, chapter 4 due to completion of enlistment.  The SPD/RE Code Cross Reference Table indicates that RE code 
3 is the proper code to assign members separated with SPD code LBK.

13.  Army Regulation 635-5-1 also provides that the SPD code MBK is the appropriate code to assign to Soldiers voluntarily released from active duty upon completion of required active service and that this code is to be used for Regular Army Soldiers are separated on completion of enlistment under the provisions of Army Regulation 635-200, chapter 4 due to completion of enlistment and transferred to the Reserve components to complete their military service obligation.  The SPD/RE Code Cross Reference Table indicates that RE code 1 is the proper code to assign members separated with SPD code MBK unless the Soldier's record indicates one of the following conditions that would warrant assigning an RE code of 3:

	a.  Is ineligible for or otherwise denied immediate reenlistment.

	b.  Has a DCSS.

	c.  Has RCP grade and service criteria in Army Regulation 601-210, paragraph 3-10.

	d.  Has time lost due to absence without leave or confinement.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's request for a change of his RE code was carefully considered and found to have merit.

2.  Evidence of record shows the applicant enlisted in the Regular Army for a period of 3 years and upon completion of 3 years of AFS, he was voluntarily released from active duty with an honorable characterization of service and transferred to a Reserve component for the completion of his statutory military service obligation.

3.  The applicant's record is void of any derogatory information, adverse actions, bar to reenlistment, or indication that he signed a DCSS prior to his separation.  He was also nowhere near the RCP of 10 years AFS for his rank/grade at the time of his separation.

4.  Evidence also shows that based on the authority and reason for his voluntary release from active duty, he should have been assigned an SPD code of MBK and an RE code of "1" at the time of his release from active duty.

5.  However, his DD Form 214 issued at the time shows that he was assigned an erroneous SPD code of LBK in item 26 and corresponding RE code of 3 in
item 27.  Due to these errors, the form also erroneously indicates that he was involuntarily separated and ineligible for immediate reenlistment.  

6.  Based on the foregoing, it would be appropriate to correct the applicant's DD Form 214 as indicated below.

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:

* deleting from item 26 of his DD Form 214 the current entry and replacing it with the entry "MBK"
* deleting from item 27 of his DD Form 214 the current entry 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)                                         AR20130002682



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ABCMR Record of Proceedings (cont)                                         AR20130002682



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