BOARD DATE:	  12 November 2013

		DOCKET NUMBER:  AR20130004665 


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, correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show in:

* item 26 (Separation Code) something other than the separation program designator (SPD) code LBK
* item 27 (Reentry (RE) Code) something other than 3

2.  The applicant states his DD Form 214 reads as if he was involuntarily separated from the Army, thereby hurting future chances of Federal or local law enforcement jobs.  In fact, he separated from the Army voluntarily and under no questionable circumstances at the end of his contract.  Since the difference in the marking [of the SPD code] on his DD Form 214 as having separated voluntarily or involuntarily is just one letter, a simple typing error must have been made.  There is nothing in his military history to warrant an involuntary separation or an RE code of 3.

3.  The applicant provides his DD Form 214.

CONSIDERATION OF EVIDENCE:

1.  The applicant enlisted in the Regular Army (RA) on 9 January 2008 for a period of 3 years and 32 weeks and he held military occupational specialty 35M (Human Intelligence Collector).  His expiration of term of service (ETS) was 20 August 2011.

2.  He was assigned to the 109th Military Intelligence (MI) Battalion, Joint Base Lewis-McChord, WA.  He served in Iraq from 28 September 2009 to 20 September 2010.  He was promoted to the rank/grade of sergeant (SGT)/E-5 on 1 September 2010.

3.  His record contains a DD Form 2648 (Preseparation Counseling Checklist for Active Component Service Members), dated 2 February 2011, wherein it shows he received counseling on that date for his voluntary separation from the Army on or about 20 August 2011 (emphasis added).

4.  Orders 035-013, dated 4 February 2011, issued by the 109th MI Battalion, awarded him the Army Good Conduct Medal (1st Award) for the period 9 January 2008 to 8 January 2011 for exemplary behavior, efficiency, and fidelity.

5.  Orders 143-0018, dated 23 May 2011, issued by Joint Base Garrison, Joint Base Lewis-McChord, WA, reassigned him to the U.S. Army Transition Point, Joint Base Lewis-McChord, WA, for transition processing with a report date and date of release from active duty of 20 August 2011.

6.  He received a change of rater Noncommissioned Officer Evaluation Report (NCOER) in the month of July 2011 covering 10 months of rated time for the rating period from 1 September 2010 through 30 June 2011.  This NCOER shows he received "success" ratings in Part IVb (Competence), Part IVc (Physical, Fitness & Military Bearing), and Part IVe (Training) of the report.  He received "excellence" ratings in Part IVd (Leadership) and Part IVf (Responsibility & Accountability).

7.  This NCOER also shows he passed the Army Physical Fitness Test (APFT) on 27 January 2011 and that he met the Army height and weight standards with his height shown as 70 inches and his weight shown as 187 pounds.

8.  Section III (Service Data) of his Enlisted Record Brief (ERB), dated 20 July 2011, shows the reenlistment eligibility code 9Z to indicate he was prohibited from enlisting due to being overweight.  Section IV (Personal/Family Data) of this ERB shows he passed his APFT on 9 September 2009 and shows his height as 71 inches and his weight as 223 pounds.

9.  His record is void of a declination of continued service statement (DCSS), bar to reenlistment, or any adverse or derogatory information.

10.  He was honorably released from active duty on 20 August 2011 in the rank of SGT and he was transferred to the U.S. Army Reserve.  He completed 3 years, 7 months, and 12 days of creditable active service with no lost time.
11.  The DD Form 214 he was issued shows he was released from active duty under the provisions of Army Regulation 635-200 (Personnel Separations - Enlisted Separations), chapter 4 by reason of completion of required active service.  It also shows, in part, that he was awarded or authorized the Iraq Campaign Medal with two bronze service stars, Army Achievement Medal (2nd Award), and the Army Good Conduct Medal (1st Award). 

12.  Item 26 of his DD Form 214 contains SPD LBK and item 26 RE code 3.

13. Army Regulation 635-5-1 (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 that:

	a.  The SPD code of LBK is the appropriate code to assign Soldiers involuntarily released from active duty by reason of completion of required active service (emphasis added).  This SPD code is to be used for RA Soldiers ineligible for, barred from, or otherwise-denied reenlistment that are separated on completion of enlistment.  The SPD/RE Code Cross Reference Table stipulates that an RE code of 3 will be assigned to members separated with an SPD code of LBK.

	b.  The SPD code of MBK is the appropriate code to assign Soldiers voluntarily released from active duty by reason of completion of required active service (emphasis added).  This SPD code is to be used for RA Soldiers eligible to reenlist, or have a declination of continued service statement (DCSS) in force, who are released from active duty on completion of enlistment and transferred to the Reserve components.  The SPD/RE Code Cross Reference Table stipulates that an RE code of 1 or 3 will be assigned to members separated with an SPD code of MBK.

14.  Army Regulation 601-210 (Active and Reserve Components Enlistment Program) covers eligibility criteria, policies, and procedures for enlistment and processing into the Regular Army and the U.S. Army Reserve.  Table 3-1 shows the RE codes and states in part:

	a.  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.  RE-3 applies to Soldiers who are not considered fully qualified for reentry or continuous service at time of separation, but disqualification is waivable.  They are ineligible for enlistment unless a waiver is granted.

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record shows the applicant voluntarily chose to separate from the Army upon completion of his required active service as shown on his DD Form 2648, dated 2 February 2011.  He was promoted to the rank of SGT in September 2010 which would have required him to meet the Army height and weight standards.  He was awarded the Army Achievement Medal (2nd Award) and the Army Good Conduct Medal (1st Award).  In addition, he received an NCOER in July 2011 wherein he received all success or excellence ratings.  It also showed he passed the APFT on 20 January 2011 and met Army height and weight standards at the time he received the NCOER. 

2.  The orders releasing him from active duty were published in May 2011.  It appears that he was fully qualified to reenlist at that time but voluntarily chose to leave the Army upon his ETS of 20 August 2011.

3.  Although his ERB, dated 20 July 2011, shows he was ineligible to reenlist due to being overweight, this entry and whether it represented his status at the time is questionable.  This ERB also shows his last APFT date as September 2009 which is clearly an error and it is reasonable to presume that both the APFT data and his height/weight status were not updated on his ERB to reflect his status at the time he was released from active duty.   

4.  As his records are void of a DCSS, bar to reenlistment, any adverse or derogatory information, and he was transferred to the USAR, it appears he was fully eligible to reenlist if he had chosen to do so and that he should have been assigned the RE code of 1.

5.  In view of the foregoing, it would be appropriate to correct his DD Form 214 to reflect the SPD code MBK and RE code 1.

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 amending his DD Form 214 by deleting the entries in items 26 and 27 and replacing them with the entries "MBK" and "1" respectively.


   
   
      _______ _  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)                                         AR20130004665





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ABCMR Record of Proceedings (cont)                                         AR20130004665



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