IN THE CASE OF:	  

		BOARD DATE:	  5 February 2015

		DOCKET NUMBER:  AR20140009909 


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 his reentry eligibility (RE) code be changed from 
"3" to "1." 

2.  The applicant states there is no evidence supporting the RE code of "3."  

3.  The applicant provides his DD Form 214 (Certificate of Release or Discharge from Active Duty) with a separation date of 9 December 2004.

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 5 January 1998, he enlisted in the Regular Army (RA) for 4 years.  On 
26 June 2001, he immediately reenlisted for 2 years in pay grade E-4.  On 
10 December 2002, he immediately reenlisted for 2 years in pay grade E-4.
3.  On 9 December 2004, he was released from active duty in the rank of private first class (PFC)/pay grade E-3.  His date of rank (DOR) is shown as 22 March 2004.  He completed 6 years, 11 months, and 5 days of active service that was characterized as honorable.  His DD Form 214 notes he received half involuntary separation pay.  He was assigned a separation code of "LBK" and an RE code 
of "3."

4.  Army regulations then in effect provided that prior to discharge or release from active duty individuals would be assigned RE codes based on their service records or the reason for discharge.  Army Regulation 601-210 (Active and Reserve Components Enlistment Program) provided eligibility criteria, policies, and procedures for enlistment and processing into the RA. 

	a.  An RE-1 applied to persons completing an initial term of active service who were fully qualified for enlistment when last separated.  

	b.  An RE-3 applied persons who were not qualified for continued
Army service, but the disqualification was waivable.  These individuals were ineligible for enlistment unless a waiver was granted.

5.  Army Regulation 601-280 (Total Army Retention Program) prescribes the criteria for the Total Army Retention Program.  For those Soldiers serving in the Active Army, it outlines procedures for immediate reenlistment or extension of enlistment.  

	a.  Immediate reenlistment in the Active Army is authorized for periods of 
2, 3, 4, 5, or 6 years.

	b.  A Soldier cannot exceed the retention control point (RCP) by more than 
29 days before the expiration of contracted service.

	c.  Table 3-1 (Retention control points) shows the RCP for a PFC is 3 years.  

	d.  Except for Soldiers serving indefinite reenlistments, Soldiers who reach their RCP during their current enlistment agreement, either through length of service, reduction in rank, or by removal from a promotion list, whether voluntary
or involuntary, may serve until contracted expiration term of service (ETS), unless they are separated earlier under applicable administrative, physical disability, or Uniform Code of Military Justice separation provisions.

	e.  There may be cases in which this regulation does not prescribe a waiver process for a certain disqualification, and a waiver is not prohibited by this regulation.  If so, Soldiers who are otherwise qualified for reenlistment are recommended by the unit commander, through command channels, to Commander, U.S. Army Human Resources Command.

6.  Army Regulation 635-5-1 (Separation Program Designator (SPD) Codes), then in effect, prescribes the specific authorities (regulatory, statutory, or other directives), the reasons for the separation of members from active military service, and the separation program designators to be used for these stated reasons.  

	a.  The SPD code "LBK" as shown on the applicant’s DD Form 214 was assigned for an involuntary release from active duty and specified the narrative reason for discharge as "Completion of Required Active Service" and that the authority for discharge under this separation program designator was Army Regulation 635-200 (Active Duty Enlisted Administrative Separations), chapter 4.

	b.  SPD code "LBK" was assigned to RA Soldiers ineligible for, barred from, or otherwise denied reenlistment who were separated on completion of enlistment.

7.  The SPD/RE Code Cross-Reference Table, dated 31 March 2003, shows that the appropriate RE code for the SPD code "LBK" is "3."

DISCUSSION AND CONCLUSIONS:

1.  He immediately reenlisted on 10 December 2002 in pay grade E-4.  He was released from active duty on 9 December 2004 in the rank of PFC/E-3 with a DOR of 22 March 2004.  The reason for his reduction in rank is not shown in his official military personnel file.

2.  At the time of his release from active duty he completed 6 years, 11 months, and 5 days of active service.  The RCP for PFC at the time was 3 years.  It appears that he was involuntarily released from active duty at ETS because he could not reenlist because he already exceeded the RCP for PFC.  Therefore, he was correctly assigned the SPD code "LBK."  According to the SPD/RE Code Cross-Reference Table, the assignment of RE code "3" for the applicant's SPD code of "LBK" is correct.  Therefore, there is no error in the RE code entered on his DD Form 214.

3.  In view of the above, there is no basis on which to change the properly assigned RE code in this case.

4.  The applicant is advised that although his RE-3 code was properly assigned, this does not mean that he is totally disqualified from returning to military service. The disqualification upon which the RE-3 code was based may be waived for enlistment purposes.

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)                                         AR20140009909



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ABCMR Record of Proceedings (cont)                                         AR20140009909



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