IN THE CASE OF:
BOARD DATE: 25 February 2014
DOCKET NUMBER: AR20130010751
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 his reentry eligibility (RE) code as 1.
2. The applicant states he would like his RE code upgraded.
3. The applicant provides his DD Form 214 and a letter from the Army Review Boards Agency.
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 on 22 June 2006 in the rank/grade of private/E-1 and he held military occupational specialty 74D (Chemical Operations Specialist).
3. On 12 January 2007, he was assigned to the 51st Chemical Company, Fort Polk, LA.
4. On 1 August 2008, he was promoted to the rank/grade of specialist/E-4. On 1 July 2009, he was reduced to the rank/grade of private first class/E-3. On 4 August 2009, he was further reduced to the rank/grade of private (PV2)/E-2. The specific reasons for each rank reduction are not known.
5. He was honorably released from active duty on 22 November 2009 in the rank of PV2 and he was transferred to the U.S. Army Reserve.
6. His DD Form 214 shows the following pertinent entries:
* item 26 (Separation Authority) Army Regulation 635-200 (Active Duty Enlisted Administrative Separations), Chapter 4
* item 26 (Separation Code) LBK
* item 27 (Reentry Code) 3
* item 28 (Narrative Reason for Separation) Completion of Required Active Service
7. Section III (Service Data) of his Enlisted Record Brief (ERB), dated 2 July 2009, shows the reenlistment eligibility/prohibition code 9X indicating he was prohibited from reenlisting due to a bar to reenlistment. His Bar to Reenlistment Certificate is not available for review with this case.
8. 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 of LBK is the appropriate code to assign Soldiers involuntarily released from active duty by reason of completion of required active service. This SPD code is to be used for Soldiers ineligible for, barred from, or otherwise denied reenlistment that are separated upon 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.
9. Army Regulation 601-210 (Active and Reserve Components Enlistment Program) covers eligibility criteria, policies, and procedures for enlistment and processing in the Regular Army, U.S. Army Reserve, and Army National Guard. 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 or reenlistment unless a waiver is granted.
DISCUSSION AND CONCLUSIONS:
The evidence of record confirms the applicant was involuntarily released from active duty on 22 November 2009 under the provisions of Army Regulation
635-200, chapter 4, by reason of completion of required active service with an SPD code of LBK. At the time of his separation, he was not eligible to reenlist due to a bar to reenlistment. LBK is the proper SPD code used when a Soldier is not eligible for reenlistment. Based on this SPD code, he was appropriately assigned an RE code of 3. Therefore, he is not entitled to the requested relief.
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 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) AR20130010751
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