IN THE CASE OF:  	  

		BOARD DATE:  25 June 2015	  

		DOCKET NUMBER:  AR20140016912 


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 that his reentry eligibility (RE) code on his DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period ending 24 December 2000 be changed from RE-4 to RE-1.

2.  The applicant states he believes that the RE code 4 is an error because he completed his required service without incident and was not discharged for misconduct.  He also states he was told that a chapter 4 (Expiration of Term of Service (ETS)) separation should have an RE code of 1.

3.  The applicant provides his DD Form 214.

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's record shows that he enlisted in the Regular Army for a period of 4 years on 25 September 1996.  

3.  On 24 December 2000, the applicant was released from active duty upon completion of 4 years and 3 months of active duty service and transferred to U.S. Army Reserve (USAR) Control Group (Reinforcement) for the completion of his statutory obligation.  At the time of his release, he held the rank/pay grade of 
private first class/E-3.  The DD Form 214 issued to him at the time shows the following pertinent information in the items indicated:

	a.  18 (Remarks), he completed his first full term of service;

	b.  24 (Character of Service), Honorable;

	c.  25 (Separation Authority), Army Regulation 635-200, Chapter 4;

	d.  26 (Separation Code), he was assigned a Separation Program Designator (SPD) code of LBK;

	e.  27 (Re Code), he was assigned an RE code of 4;

	f.  28 (Narrative Reason for Separation), Completion of Required Active Service; and

	g.  29 (Dates of Time Lost During this Period), None.

4.  The applicant's record is void of any derogatory information, adverse actions, bar to reenlistment, or indication that he signed a Declination of Continued Service Statement (DCSS) prior to his separation.

5.  The applicant continued to serve as a member of the USAR and Army National Guard (ARNG) until he was honorably retired from the ARNG on 
27 December 2014 due to permanent disability.

6.  Army Regulation 635-200 sets forth the basic authority for the separation of enlisted personnel.  Chapter 4 of this regulation provides a Soldier enlisted or ordered to active duty will be discharged or release from active duty on the date he/she completes the period for which enlisted or ordered to active duty.  It also 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.  

7.  Army Regulation 601-210 (Regular Army and Army Reserve Enlistment Program) covers eligibility criteria, policies, and procedures for enlistment and processing into the Regular Army and the USAR.  Table 3-1 includes a list of the Regular Army RE codes.  An 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.  An RE-3 applies to Soldiers who are not considered fully qualified for reentry or continuous service at time of separation, but the disqualification is waivable.  However, those individuals are ineligible unless a waiver is granted.  RE code 4 applies to persons separated from their last period of service who have a nonwaivable disqualification and are ineligible for reentry.

8.  Army Regulation 601-210, paragraph 3-10 provides the parameters for Regular Army retention control points (RCP).  This paragraph stipulates that if an applicant is eligible to enlist with or without a waiver or grade determination, then the term of enlistment when added to previous Active Federal Service (AFS) will not exceed the criteria below:

	a.  Private/E-1 - private first class/E-3, not more than 8 years AFS.

	b.  Specialist/E-4 not more than 10 years AFS.

	c.  Sergeant/E-5, not more than 15 years AFS.

	d.  Staff sergeant/E-6, not more than 22 years AFS.

	e.  Sergeant first class/E-7, not more than 24 years AFS.

	f.  Master sergeant/First sergeant/E-8, not more than 26 years AFS.

	g.  Sergeant major/command sergeant major/E-9, not more than 30 years AFS.

9.  Army Regulation 635-5-1 (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, in pertinent part, that the SPD code LBK is the appropriate code to assign to Soldiers involuntarily released from active duty upon completion of required active service and that this code is to be used for Regular Army Soldiers ineligible for, barred from, or otherwise denied reenlistment that are separated on completion of enlistment under the provisions of Army Regulation 635-200, chapter 4 due to completion of enlistment.  The SPD/RE Code Cross Reference Table indicates that RE code 
3 is the proper code to assign members separated with SPD code LBK.

10.  Army Regulation 635-5-1 also provides that the SPD code MBK is the appropriate code to assign to Soldiers voluntarily released from active duty upon completion of required active service and that this code is to be used for Regular Army Soldiers are separated on completion of enlistment under the provisions of Army Regulation 635-200, chapter 4 due to completion of enlistment and transferred to the Reserve components to complete their military service obligation.  The SPD/RE Code Cross Reference Table indicates that RE code 1  is the proper code to assign members separated with SPD code MBK unless the Soldier's record indicates one of the following conditions which would warrant assigning an RE code of 3:

	a.  Is ineligible for or otherwise denied immediate reenlistment.

	b.  Has a DCSS.

	c.  Has RCP grade and service criteria in Army Regulation 601-210, paragraph 3-10.

	d.  Has time lost due to absence without leave or confinement.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's request for a change of his RE code on his DD Form 214 for the period ending 24 December 2000 was carefully considered and found to be with merit.

2.  Evidence of record shows the applicant enlisted in the Regular Army for a period of 4 years and upon completion of 4 years of AFS, he was voluntarily released from active duty with an honorable characterization of service and transferred to a Reserve component for the completion of his statutory military service obligation.

3.  The applicant's record is void of any derogatory information, adverse actions, bar to reenlistment, or indication that he signed a DCSS prior to his separation.  He was also nowhere near the RCP of 8 years AFS for his rank/grade at the time of his separation.

4.  Evidence also shows that based on the authority and reason for his voluntary release from active duty he should have been assigned an SPD code of MBK and an RE code of 1 at the time of his discharge.

5.  However, the DD Form 214 issued to the applicant at the time of his separation shows that he was assigned an erroneous SPD code of LBK in item 26 and an erroneous RE code of 4 in item 27.  Due to these mistakes, the form also erroneously indicates that he was separated involuntarily and was ineligible for immediate reenlistment.  

6.  Based on the foregoing, it would be appropriate to correct the applicant's DD Form 214 to show that he was assigned an SPD code of MBK and an RE code of 1 at the time of his release from active duty.

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 amending his DD Form 214 by:

* deleting the entry "LBK" from item 26 and replacing it with the entry "MBK"

* deleting the entry "4" from item 27 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)                                         AR20140016912



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ABCMR Record of Proceedings (cont)                                         AR20140016912



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