IN THE CASE OF
BOARD DATE: 2 September 2014
DOCKET NUMBER: AR20140001488
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 the correct pay grade as E-4 and Reentry Eligibility (RE) code as RE-1.
2. The applicant states:
* His DD Form 214 incorrectly shows his pay grade as E-1 and his RE code as RE-3
* His pay grade should be changed because the last unit to which he was assigned put his paperwork in the system wrong
* His date of rank to specialist four (E-4) was 17 December 2012
3. The applicant provides no additional evidence.
CONSIDERATION OF EVIDENCE:
1. The applicant enlisted in the Regular Army (RA) on 18 September 2008, in pay grade E-1. He completed training as a utilities equipment repairer.
2. The available records do not show the date the applicant was promoted to pay grade E-2. However, his records do show that he reenlisted in the RA on
10 February 2010 in pay grade E-3.
3. On 28 November 2012, Orders 333-0020 were published releasing him from active duty (REFRAD) effective 9 February 2013. The orders refer to his rank and pay grade as private (E-1).
5. The applicant's DD Form 214 shows he was REFRAD on 9 February 2013 in the rank and pay grade of private (E-1) at the completion of his required active service. He completed 4 years, 4 months, and 22 days of net active service this period. He received a "LBK" (completion of required active service) Separation Program Designator (SPD) code and an RE-3 code. Item 12: (Effective Date of Pay Grade) shows 19 July 2012.
6. Army Regulation 601-210 (Active and Reserve Components Enlistment Program) states that prior to discharge or release from active duty, individuals will be assigned RE codes based on their service records or the reason for discharge. Chapter 3 prescribes basic eligibility for prior-service applicants for enlistment and includes a list of Armed Forces RE codes. An RE-3 applies to persons who have a waivable disqualification.
7. Army Regulation 635-5-1 (SPD Codes) prescribes the specific authorities (regulatory, statutory, or other directives) and reasons for the separation of members from active military service and the SPD code to be used for these stated reasons.
8. The SPD/RE Code Cross Reference Table provides instructions for determining the RE code for RA Soldiers and Reserve Component Soldiers separated for cause. The SPD code of "LBK" has a corresponding RE code of "3."
DISCUSSION AND CONCLUSIONS:
1. The applicant's contentions have been noted.
2. The applicant has not shown error or injustice in the RE code he received. His records show that he was REFRAD upon completion of his required active service. He was assigned an SPD code of "LBK" which coincides with his reason for discharge. He was assigned an RE code "3" which coincides with his SPD code.
3. The applicable regulation shows the SPD code of "LBK" is assigned when the reason for discharge is completion of required active service. The applicant has provided insufficient justification for granting the relief requested.
4. An RE code of "3" applies to persons who are not considered fully qualified for reentry or continuous service; however, it does allow for a waiver of the disqualification. Therefore, if he desires to reenter military service he should continue to contact his local recruiter to determine his eligibility. Recruiting personnel can best advise a former service member as to the needs of the Army at the time and are required to process waivers of RE codes.
5. There is no evidence in the available record and the applicant has not provided sufficient evidence showing he was promoted to pay grade E-4 on 17 December 2012. To the contrary, his DD Form 214 indicates he may have been reduced to pay grade E-1 on 19 July 2012.
6. In view of the foregoing, there is an insufficient evidentiary basis for granting the applicant's requested relief and therefore his request should be denied.
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) AR20140001488
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ABCMR Record of Proceedings (cont) AR20140001488
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