BOARD DATE: 18 June 2015
DOCKET NUMBER: AR20140019222
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 reconsideration to correct his reentry eligibility (RE) code to an RE-1. He also submits a new request to remove the statement that he declined to continue service from his DD Form 214 (Certificate of Release or Discharge from Active Duty).
2. The applicant states
* the copy of records he received from the National Personnel Records Center (NPRC) did not include a copy of a 1991 DA Form 4991-R (Declination of Continued Service Statement)
* he never received orders to Korea
* he never declined anything service related while on active duty
3. The applicant provides no additional supporting documentation.
CONSIDERATION OF EVIDENCE:
1. Incorporated herein by reference are military records which were summarized in the previous consideration of the applicant's case by the Army Board for Correction of Military Records (ABCMR) in Docket Number AR20140000621, on 27 August 2014.
2. The original record of proceedings cited a DA Form 4991-R, dated 1 November 1991.
3. The applicant served on active duty in the Regular Army from 4 August 1994 through 5 May 2000.
4. His DD Form 214 shows he was released under the provisions of Army Regulation 635-200 (Personnel Separations Personnel Separations Enlisted Personnel), 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
he signed a Declination for Continued Service, DA Form 4991-R
5. The applicant served in the U.S. Army Reserve (USAR) Control Group (Reinforcement) from 6-May 2000 through 11 April 2002, and in the Army National Guard from 30 December 2011 through 29 December 2014.
6. The applicant's Integrated Personnel Records Management System
(i-PERMS) file contains a copy of an DA Form 4991-R, dated 1 November 1999, showing the applicant refused to take the necessary action to meet the length of service required as a result of receiving assignment instructions to Korea.
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."
DISCUSSION AND CONCLUSIONS:
1. The applicant is correct in his record does not contain a 1991 DA Form 4991-R. However, it does contain a copy of a 1999 DA Form 4991-R showing he declined to extend for 12 months in order to accept orders for assignment to Korea.
2. The entry on the prior decisional document appears to have been a typographic error as to the year the form was completed. Why NPRC did not provide a copy of that document is unknown.
3. The 1 November 1999 DA 4991-R shows that the applicant declined to extend for 12 additional months in order to accept an assignment to Korea. No orders would have been issued since the applicant declined to extend for the required period to accept the assignment.
4. Since the applicant did in fact decline to extend as documented by the DA Form 4991-R, the inclusion of the declination statement was proper and correct.
5. Further, he was properly released from active duty with the separation code "LBK" which coincides with the issuance of an RE code-3 .
6. In view of the foregoing, there is no basis for granting any of 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 to amend the decision of the ABCMR set forth in Docket Number AR20140000621, dated 27 August 2014, or to remove the declination of continued service statement from his DD Form 214.
___________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) AR20140019222
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