IN THE CASE OF:	   

		BOARD DATE:	  28 May 2015

		DOCKET NUMBER:  AR20140016964 


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 the RE code is in error.  He served honorably through the end of his enlistment contract.  He is looking into reentering the Army.

3.  The applicant provides his DD Form 214 (Certificate of Release or Discharge from Active Duty).

CONSIDERATION OF EVIDENCE:

1.  The applicant's records show he enlisted in the Regular Army for a term of 3 years and 18 weeks in the rank/grade of private two/E-2 on 1 June 2009.  He held military occupational specialty 88M (Motor Transport Operator). 

2.  His records do not contain any promotion or reduction orders.  However, his service records contain: 

* DD Form 93 (Record of Emergency date), dated 10 November 2010, that shows his rank/grade as private first class (PFC)/E-3
* Temporary Change of Station orders, dated 21 October 2011, listing his rank as PFC

3.  He served in Afghanistan from 29 December 2010 to 18 December 2011.  He was assigned to the 201st Combat Support Battalion.
4.  He was honorably released from active duty (REFRAD) on 4 October 2012 and he was transferred to the U.S. Army Reserve (USAR) Control Group (Reinforcement) to complete his remaining service obligation.  He completed 3 years, 4 months, and 4 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 12i (Effective Date of Pay Grade) shows the entry "2011 09 04"
* item 18 (Remarks) shows he completed his first term of service

6.  His records contain an entry on the U.S. Army Human Resources Command (HRC) Interactive Web Services (IWS) that reveals he did not meet the height and weight standards.  

7.  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 "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 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

8.  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:

	a.  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.

	b.  The SPD code of "MBK" is the correct code for Soldiers voluntarily REFRAD for completion of required active service under the provisions of Army Regulation 635-200, chapter 4 when eligible to reenlist and are transferred to the Reserve component to complete their military service obligation.  

9.  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" and the SPD code "MBK" has a corresponding RE code of "1."

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record confirms he was honorably REFRAD on 4 October 2012 by reason of completion of his required service.  He was assigned an SPD code of "LBK."  His records contain evidence that he was holding the rank/grade of PFC/E-3 as early as November 2010.  His DD Form 214 on the other hand lists his effective date of rank to E-3 as 4 September 2011.  This suggests a reduction in grade may have occurred.  This could also suggest he may have been flagged or barred from reenlisting. 

2.  His HRC IWS records also reveal that he did not meet the height and weight standards.  Because he did not meet the height and weight standards, he would not have been eligible to reenlist and because of that, the SPD Code of "LBK" is indeed the appropriate code.  The RE code for this type of SPD code is "3."  

3.  The ABCMR does not correct records solely for the purpose of establishing eligibility for other programs or benefits.  He is advised that if he desires to reenter military service, he should contact a local recruiter who can best advise him on his eligibility for returning to military service.  Those individuals can best advise a former service member as to the needs of the service at the time and may process enlistment waivers for the applicant's RE code.  In view of the foregoing, there is an insufficient evidentiary basis for granting him 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)                                         AR20140016964



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ABCMR Record of Proceedings (cont)                                         AR20140016964



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