BOARD DATE:	  17 April 2014

		DOCKET NUMBER:  AR20130014822 


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 her Reentry Eligibility (RE) code of "3" be changed to a "1" on her DD Form 214 (Certificate of Release or Discharge from Active Duty).  

2.  She states a flag code of "JA" was removed from her record effective 16 May 2013 after she passed a record Army Physical Fitness Test (APFT) on 14 May 2013.  Her Immediate Reenlistment Prohibition Code (ERUP) was changed from 9E to 10 in the RETAIN system and she was able to enlist into the Reserve.  Therefore, the RE code of "3" that is listed on her DD Form 214 is incorrect and should be a "1."

3.  She provides:

* Enlisted Record Brief
* DD Form 268 (Report to Suspend Favorable Personnel Actions (FLAG))
* DA Form 705 (APFT Scoreboard)
* DD Form 214
* DD Form 215 (Correction to DD Form 214)
* Snapshot of a screen in RETAIN system

CONSIDERATION OF EVIDENCE:

1.  The applicant enlisted in the Regular Army on 29 December 2009.  



2.  She provided the following documents which indicate:

   a.  DA Form 705, she passed the APFT on 14 May 2013.

b.  DA Form 268, dated 16 May 2013, a FLAG code of C was removed from 
her record, effective 16 May 2013, indicating the case was closed favorably.

   c.  Enlisted Record Brief, dated 21 May 2013, no entry for FLAG code; she was assigned a 9E (Physical readiness.  Unacceptable physical readiness qualifications) ERUP code; and she passed the APFT in May 2013.

   d.  DD Form 215, item 9 (Command to Which Transferred) of her DD Form 214 was amended to show she was transferred to Detachment 1,
350th Psychological Operations Company, Twinsburg, OH.

   e.  Snapshot of data screen in the RETAIN system shows she was placed on terminal leave on 28 May 2013 and her ERUP is listed as "10" (No disqualification.  Fully eligible for immediate reenlistment). 

3.  On 26 July 2013, she was honorably released from active duty under the provisions of Army Regulation 635-200 (Active Duty Enlisted Administrative Separations), chapter 4, by reason of completion of required active service.  She completed 3 years, 6 months, and 28 days of net active service.  

4.  Her DD Form 214 shows she was assigned a separation code of "LBK" for an involuntary release from active duty or transfer by reason of completion of required active service and an RE code of "3."  Her service record does not indicate she received any disciplinary action for misconduct during this period.  Her record is also void of any derogatory information or indication she was barred from reenlistment or that she declined continued service.

5.  Army Regulation 635-5-1 (Separation Program Designator (SPD) Codes) prescribes the specific authorities (regulatory, statutory, or other directives), the reasons for the separation of members from active military service, and the SPD codes to be used for these stated reasons.  Individuals will be assigned RE codes prior to discharge or release from active duty based on their service record or the reason for discharge.

	a.  This regulation shows the SPD code of "LBK" as shown on the applicant's DD Form 214 specifies the narrative reason for separation as involuntary release from active duty for completion of required active service and the authority for separation under this SPD is Army Regulation 635-200, chapter 4.  The SPD/RE Code Cross Reference Table establishes RE code "3" as the proper reentry code to assign to Soldiers separated for this reason.

	b.  This regulation further shows the SPD code of "MBK" specifies the narrative reason for separation as voluntary release from active duty for completion of required active service and the authority for separation under this SPD is Army Regulation 635-200, chapter 4.  The SPD/RE Code Cross Reference Table establishes RE code 1 or 3 as the proper reentry code to assign to Soldiers separated for this reason.  The regulation states enter RE code "3" when the record indicates the Soldier:

* is ineligible for or otherwise denied immediate reenlistment
* has a Declination of Continued Service Statement (DCSS)
* has grade and service criteria in Army Regulation 601-210 (Active and Reserve Components Enlistment Program), paragraph 3-10
* has time lost due to absence without leave or confinement
* has an Immediate Reenlistment Prohibition Code of "9T"

6.  Army Regulation 601-210 covers eligibility criteria, policies, and procedures for enlistment and processing in the Regular Army, USAR, and Army National Guard.  It determines Regular Army and Reserve reentry eligibility and provides regulatory guidance for the RE codes.  Table 3-1 contains a list of RE codes.

   a.  RE-1 applies to Soldiers completing their terms 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 unless a waiver is granted.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's contention that the RE code on her DD Form 214 is incorrect is acknowledged and determined to have merit.

2.  The evidence of record shows she was flagged for failing her APFT; however, she passed the APFT on 14 May 2013 and the FLAG was removed on 16 May 2013.

3.  The applicant was released from active duty on 26 July 2013 at the completion of her required active service under the provisions of Army Regulation 635-200, chapter 4, and she was transferred to a Reserve unit.
4.  Her record is void of any derogatory information or indication that she was barred from reenlistment or declined continued service.

5.  Her DD Form 214 shows she was separated with an SPD code of "LBK" and she was assigned an RE code of "3."

6.  Army Regulation 635-5-1 states the SPD code of "LBK" specifies the narrative reason for enlisted personnel who were involuntarily released from active duty for completion of required active service.  However, the applicant was voluntarily released from active duty at the completion of her required active service and her service record is void of any disciplinary actions.  Therefore, she should have been given an SPD code of "MBK" instead of the "LBK" that is currently shown on her DD Form 214.

7.  The SPD code of "MBK" authorizes an RE code of 1 or 3.  The SPD/RE Code Cross Reference Table states to enter an RE code 3 when the Soldier's record indicates the Soldier is ineligible for or was otherwise denied immediate reenlistment, has a DCSS, has grade and service criteria in Army Regulation 601-210, has time lost due to AWOL or confinement, or has an immediate reenlistment prohibition code of "9T."  The applicant's record indicates none of these factors.

8.  Therefore, it appears that administrative errors occurred in this case and it would be appropriate at this time to correct her DD Form 214 to show her SPD code as "MBK" and her RE code as 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: 

   a.  deleting the entry "LBK" from item 26 of her DD Form 214 and replacing it with the entry "MBK," and

	b.  deleting the entry "3" from item 27 of her DD Form 214 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)                                         AR20130014822



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ABCMR Record of Proceedings (cont)                                         AR20130014822



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