IN THE CASE OF:	  

		BOARD DATE:	  14 July 2015

		DOCKET NUMBER:  AR20140019311


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 to her reentry (RE) code of RE-3 to RE-1.

2.  The applicant states:

* she received a company grade Article 15 in March/April 2002 for leaving her place of duty
* she realizes that it was a mistake and received her punishment
* she had an impeccable record prior to that incident
* she excelled in the Army and always received high ratings on her evaluations
* during her separation she was asked if she wanted to ask her commander to change her reentry code from 3 to 1, but at the time she didn't think that it would present any future problems, so she said no

3.  The applicant does not provide any additional supporting documentation with her application.

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.  On 16 September 1997, the applicant enlisted in the Regular Army (RA).  After initial training, she was awarded military occupational specialty 54B (Chemical Operations Specialist). 

3.  The applicant’s record contains a DA Form 2627 (Record of Proceedings Under Article 15, Uniform Code of Military Justice) that shows on 9 April 2002, she received nonjudicial punishment (NJP) for treating a noncommissioned officer with contempt by refusing to report to formation as ordered and hanging up the phone while he was speaking to her.

4.  On 8 February 2002, the applicant signed a DA Form 4991-R (Declination of Continued Service Statement (DCSS), stating that she declined to comply with the commitment of serving a required 36 months for an assignment to Europe.  

5.  On 17 September 2002, the applicant was honorably separated after completing 5 years and 2 days of net active military service this period.  The DD Form 214 (Certificate of Release or Discharge from Active Duty) shows that based on Army Regulation 635-200 (Active Duty Enlisted Administrative Separations), chapter 4, the authority and reason for her separation, she was assigned a Separation Program Designator (SPD) code of LBK (Completion of Required Active Service), and an RE code of RE-3.

6.  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 the reason for discharge.  Army Regulation 601-210 (Active and Reserve Components Enlistment Program) covers eligibility criteria, policies, and procedures for enlistment and processing into the RA and the US Army Reserve.  Chapter 3 of that regulation prescribes the basic eligibility for prior service applicants for enlistment.  That chapter includes a list of Armed Forces RE codes, including RA RE codes.  RE-3 applies to persons who are not fully qualified for reentry or continuous service, but disqualification is waivable.

7.  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 of LBK is the appropriate code to assign to Soldiers involuntarily separated under the provisions of Army Regulation 635-200, chapter 4, upon completion of required active service.  The SPD/RE Code Cross Reference Table included in the regulation establishes RE-3 as the proper code to assign members separated with this SPD code.  This table also notes that RE-3 will be assigned to Soldiers who have a DCSS.

DISCUSSION AND CONCLUSIONS:

1.  The applicant’s request that her RE-3 code be changed to RE-1 was carefully considered.

2.  The applicant’s separation processing, to include the SPD and RE code assignments, was accomplished in accordance with the applicable regulation.  All requirements of law and regulation were met and the rights of the applicant were fully protected throughout the separation process.

3.  By regulation, SPD code LBK and RE code 3 are the proper codes to assign members involuntarily separated under the provisions of Army Regulation 635-200, chapter 4, by reason of the completion of required active service.  Therefore, the RE-3 code assignment was and remains valid.

4.  In order to justify correction of a military record the applicant must show to the satisfaction of the Board, or it must otherwise satisfactorily appear, that the record is in error or unjust.  The applicant has failed to submit evidence that would satisfy this requirement.

5.  The applicant is advised that although her RE code has not been upgraded, this does not mean that she is disqualified from reentering military service.  
RE-3 applies to persons who are not considered fully qualified for reentry or continuous service; however, disqualification may be waived.  Therefore, if she desires to reenter military service, the applicant should contact a local recruiter to determine her eligibility.  Those individuals can best advise a former service member as to the needs of the Army at the time, and are required to initiate the waiver process.

BOARD VOTE:
________  ________  ________  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

___x____  ___x____  ___x____  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The Board determined that 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)                                         AR20140019311



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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


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