IN THE CASE OF:
BOARD DATE: 27 August 2014
DOCKET NUMBER: AR20140000621
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 a change of his reentry eligibility (RE) code from an RE-3 to an RE-1.
2. The applicant states he is qualified for reentry; the RE code should be an
RE-1.
3. The applicant provides a copy of his DD Form 214 (Certificate of Release or Discharge from Active Duty).
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 4 August 1994.
3. His record contains a DA Form 4991-R (Declination of Continued Service Statement), dated 1 November 1991, which shows the applicant refused to take the necessary action to meet the length of service required as a result of receiving assignment instructions to Korea.
4. He was honorably released from active duty (REFRAD) on 5 May 2000 and he was transferred to the U.S. Army Reserve (USAR) Control Group (Reinforcement) to complete his remaining service obligation. He completed 5 years, 9 months, and 2 days of creditable active service.
5. His DD Form 214 shows he was REFRAD under the provisions of Army Regulation 635-200 (Personnel Separations Active Duty Enlisted Administrative Separations), chapter 4, by reason of completion of required active service.
* item 26 (Separation Code) shows the entry "LBK"
* item 27 (RE Code) shows the entry "3"
* item 18 (Remarks) shows he completed his first full term of service; however, he signed a Declination for Continued Service, DA Form 4991-R
6. On 30 December 2010, the applicant enlisted in the Army National Guard for a period of 3years.
7. Army Regulation 635-5-1 (Separation Program Designator (SPD) Codes) states that the SPD codes are three-character alphabetic combinations that identify reasons for, and types of, separation from active duty. Two codes are used for Soldiers released from active duty for completion of required active service under the provisions of Army Regulation 635-200, chapter 4. The SPD code of "LBK" is the correct code for RA Soldiers involuntarily REFRAD for completion of required active service under the provisions of Army Regulation 635-200, chapter 4 who sign a Declination of Continued Service Statement or are ineligible for, barred from, or otherwise denied reenlistment at the completion of their enlistment.
8. The SPD/RE Code Cross Reference Table provides instructions for determining the RE code for Active Army Soldiers and Reserve Component Soldiers. This cross reference table in effect at the time of his discharge shows the SPD code of "LBK" has a corresponding RE code of "3."
9. Army Regulation 601-210 (RA and Army Reserve Enlistment Program) covers eligibility criteria, policies, and procedures for enlistment and processing into the RA and the USAR. Table 3-1 included a list of the RA RE codes. An RE code of "3" applies to Soldiers who are not considered fully qualified for reentry or continuous service at the time of separation, but the disqualification is waivable; those individuals are ineligible unless a waiver is granted.
DISCUSSION AND CONCLUSIONS:
1. The evidence of record confirms he was honorably REFRAD on 5 May 2000 by reason of completion of his required service. He was assigned an SPD code of "LBK" due to his refusal to take the necessary action to meet the length of service required based on receiving assignment instructions to Korea. The RE code for this type of SPD code is "3."
2. In view of the foregoing, there is no basis for granting the applicant's 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 that 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) AR20140000621
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