IN THE CASE OF:	   

		BOARD DATE:	  22 October 2013 

		DOCKET NUMBER:  AR20130004088 


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 from RE 3 to RE 1.

2.  He states he was honorably discharged and completed his term of service.

3.  He provides his DD Form 214 (Certificate of Release or Discharge from Active Duty).

CONSIDERATION OF EVIDENCE:

1.  On 10 June 2008, the applicant enlisted in the U.S. Army Reserve (USAR) in the Delayed Enlistment Program (DEP).  On 23 June 2008, he was discharged from the DEP and he enlisted in the Regular Army (RA) for a period of 3 years and 19 weeks.  The expiration of his RA term of service was to be 4 November 2011.  

2.  His record shows he served in Afghanistan from 21 October 2010 to 2 November 2011.  

3.  His Enlisted Record Brief (ERB), dated 5 January 2012, shows:

* in Section I (Assignment Information), he was flagged for suspension of favorable personnel actions effective 21 June 2011 with flag code "AA" (adverse action, initial report)
* in Section III (Service Data), his expiration of term of service (ETS) as 3 February 2012
4.  The available records do not show the specific reason he was flagged.

5.  On 3 February 2012, he was honorably released from active duty after completing 3 years, 7 months, and 10 days of net active service this period.  He was transferred to the USAR Control Group (Reinforcement) to complete his military service obligation.  The DD Form 214 he was issued shows in:

* item 25 (Separation Authority) – "AR 635-200, PARA 5-15A (2)"
* item 26 (Separation Code) – "LGH"
* item 27 (RE Code) – "3"
* item 28 (Narrative Reason for Separation) – "NON-RETENTION ON ACTIVE DUTY"

6.  Military Personnel (MILPER) Message Number 09-297, dated 9 December 2009, subject:  Active Army Stop Loss/Stop Movement Program for Units Scheduled to Deploy OCONUS [outside continental United States] in Support of OIF [Operation Iraqi Freedom] and OEF [Operation Enduring Freedom], provided for a post-deployment stabilization period of 60 or 90 days for Soldiers affected by stop loss.  Where applicable, the U.S. Army Human Resources Command was to adjust the ETS dates of Soldiers affected by stop loss.  

7.  Army Regulation 635-200 (Active Duty Enlisted Administrative Separations) sets forth the requirements and procedures for administrative discharge or release from active duty of enlisted personnel.  

	a.  Paragraph 4-1 states a Soldier will be separated upon expiration of enlistment or fulfillment of service obligation.

	b.  Paragraph 5-15 provides criteria for the early release of Reserve Component personnel serving Active Guard Reserve (AGR) tours under Title 10, U.S. Code, Section 12301(d).

8.  Army Regulation 635-5-1 (Separation Program Designators (SPD)) provides the SPD code to be entered in item 26 of the DD Form 214.  

	a.  Soldiers involuntarily separated by reason of completion of required active service under the provisions of Army Regulation 635–200, chapter 4, are assigned SPD code "LBK."  This SPD code is used for RA Soldiers ineligible for, barred from, or otherwise denied reenlistment who are separated on completion of enlistment.

	b.  Soldiers separated by reason of non-retention on active duty under the provisions of Army Regulation 635-200, paragraph 5–15a(2), are assigned SPD code "LGH."  

9.  The SPD/RE Codes Cross Reference Table provides instructions for determine the RE code for Active Army Soldiers when they are separated.  An RE code of 3 applies when a Soldier's record indicates he is ineligible for or otherwise denied immediate reenlistment, has signed a Declination of Continued Service Statement, has lost time due to being absent without authority or confinement, or has an Immediate Reenlistment Prohibition Code of "9T."  The table shows SPD code "LBK" has the corresponding RE code of "3."

DISCUSSION AND CONCLUSIONS:

1.  The applicant was an RA Soldier who was released from active duty upon reaching his ETS, but his DD Form 214 incorrectly indicates he was separated under a regulatory provision applicable only to AGR Soldiers.  

2.  A Soldier is entitled to a DD Form 214 that accurately reflects the reason and authority for separation.  His DD Form 214 should be corrected to show he was separated by reason completion of required active service under the provisions of Army Regulation 635-200, chapter 4.  His record shows he was not fully eligible to reenlist due to being flagged for an adverse action.  Accordingly, his DD Form 214 should also be corrected to show he was assigned SPD code "LBK."

3.  SPD code "LBK" has a corresponding RE code of "3."  RE code "3" is already shown on his DD Form 214.  Regardless of the change recommended above, there is no basis for changing this item.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

____x___  ____x___  ___x____  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION




BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that the evidence presented was sufficient to warrant a recommendation for partial relief.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by amending his DD Form 214 as follows:

* replace the entry in item 25 with "AR 635-200, CHAPTER 4"
* replace the entry in item 26 with "LBK"
* replace the entry in item 28 with "COMPLETION OF REQUIRED ACTIVE SERVICE"

2.  The Board further determined that the evidence presented is insufficient to warrant a portion of the requested relief.  As a result, the Board recommends denial of so much of the application that pertains to the RE code.  



      ____________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)                                         AR20130004088





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ABCMR Record of Proceedings (cont)                                         AR20130004088



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