IN THE CASE OF:
BOARD DATE: 19 February 2015
DOCKET NUMBER: AR20140011484
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 correction of her DD Form 214 (Certificate of Release or Discharge from Active Duty) to show her reentry (RE) code as "1" instead of "3."
2. The applicant makes no statement other than to refer to her attachments. The attachments are two memoranda for record, one from her company commander recommending the removal of a locally-imposed bar to reenlistment and a second from her battalion commander stating the bar to reenlistment has been removed. Both memoranda are dated 2 April 2014.
3. The applicant provides her DD Form 214 and memoranda for record from her former company and battalion commanders.
CONSIDERATION OF EVIDENCE:
1. The applicant enlisted in the Regular Army on 17 March 2009 and held military occupational specialty 35P (Cryptologic Linguist). She attained the rank/grade of specialist/E-4.
2. Section III (Service Data) of her enlisted record brief (ERB) shows a reenlistment eligibility/prohibition code of "9K" (Field Bar to Reenlistment). Other than the ERB, there is no bar to reenlistment document in her record.
3. On 16 March 2014, 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. Her DD Form 214 shows in:
* Item 25 (Separation Authority), the entry "Army Regulation 635-200, chapter 4"
* Item 26 (Separation Code), the entry "LBK"
* Item 27 (Reentry Code), the entry "3"
* Item 28 (Narrative Reason for Separation), the entry "Completion of Required Active Service"
4. Army Regulation 635-200, chapter 4, specifies that Soldiers will be separated upon the expiration of their enlistment or fulfillment of their service obligation.
5. Pertinent Army regulations provide that prior to discharge or release from active duty, individuals will be assigned RE codes based on their service records or reason for discharge.
6. 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 Components. Chapter 3 prescribes basic eligibility for prior-service applicants for enlistment and includes a list of Armed Forces RE codes. It provides that RE code "3" applies to persons who are not considered fully qualified for reentry or continuous service at time of separation, but disqualification is waivable. RE codes may be changed only if they are determined to be administratively incorrect.
7. Army Regulation 635-5-1 (Separation Program Designator (SPD) Codes), table 2-3, indicates the SPD code of "LBK" denotes the completion of required active service. Note 7 of Table 2-3 states that this code is to be used for Regular Army Soldiers, except those who have a Declination of Continued Service Statement in force or are ineligible for, barred from, or otherwise denied reenlistment that are separated on completion of enlistment.
8. The Army Human Resources Command (HRC) publishes a cross-reference list of SPD and RE codes. The cross-reference list in effect at the time showed that an SPD code of "LBK" was assigned an RE code of "3."
9. The applicant provides two memoranda of record. The first memorandum is from her former company commander, dated 2 April 2014, stating that a locally-imposed bar to reenlistment was initiated on 21 November 2013 and recommending that it now be removed. The second memorandum is from her former battalion commander, dated 2 April 2014, stating the locally-imposed bar to reenlistment has been removed.
DISCUSSION AND CONCLUSIONS:
1. The applicants request for correction of her DD Form 214 to show her RE code as "1" instead of "3" was carefully considered.
2. The evidence of record confirms she was released from active duty on 16 March 2014. At the time of her release from active duty, she was barred from reenlistment, as indicated by the reenlistment eligibility/prohibition code of "9K" on her ERB. Her records do not indicate the exact reason the bar to reenlistment was initiated.
3. She provides two memoranda from former commanders that indicate her bar to reenlistment was removed. However, these memoranda were dated and signed on 2 April 2014, seventeen (17) days after she was released from active duty. In light of this timeframe and notwithstanding the sincerely of her former commanders, a presumption of regularity must be made that what the Army did was correct.
4. The applicable Army Regulations dictate that involuntary separations attributed to bars to reenlistment require the SPD code of "LBK" with a corresponding RE code of "3." Accordingly, it appears her DD Form 214 is correct. As such, there is no basis for granting the applicants request.
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) AR20100011935
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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ABCMR Record of Proceedings (cont) AR20140011484
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