BOARD DATE: 29 September 2015
DOCKET NUMBER: AR20150001402
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 (RE) code be changed from a 3 to a 1.
2. The applicant states, in effect, that he was assigned an RE code of 3 after he signed a Declination of Continued Service Statement because he wanted to pursue service through the Reserve Officers Training Corps (ROTC). He goes on to state that he needs his RE code changed because it is hindering his employment prospects.
3. The applicant provides a copy of his DD Form 214 (Certificate of Release or Discharge from Active Duty) and Declination of Continued Service Statement (DA Form 4991-R).
CONSIDERATION OF EVIDENCE:
1. The applicant enlisted in the Regular Army (RA) on 14 October 2004. He completed his training as a military policeman and remained on active duty through a subsequent reenlistment. He was promoted to the rank of sergeant on 1 July 2008 and he deployed to Iraq during the period 18 March 2010 through
11 March 2011.
2. On 14 June 2011, while assigned to Fort Carson, Colorado, he signed a Declination of Continued Service Statement declining assignment to Fort Polk, Louisiana.
3. His DD Form 214 shows he was honorably discharged on 19 April 2012, under the provisions of 635-200 (Personnel Separations-Active Duty Enlisted Administrative Separations), chapter 4, due to completion of required service. He had served 7 years, 6 months, and 6 days of active service and was assigned a separation code of LBK with an RE code of 3.
4. 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 include 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
5. Army Regulation 635-5-1 (Separation Program Designator (SPD) Codes) states the SPD code of "LBK" is the correct code for RA Soldiers released from active duty 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.
6. 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 applicants contentions have been noted; however, they appear to lack merit. The applicant was separated under the provisions of Army Regulation
635-200, chapter 4 and properly assigned an RE code of 3 based on his narrative reason for separation.
2. The SPD code of "LBK" is the correct code for RA Soldiers released from active duty for completion of required active service under the provisions of Army Regulation 635-200, chapter 4, who sign a Declination of Continued Service Statement. It appears the applicant was not eligible to reenlist at the time of separation, as he stated, because he signed a declination statement.
3. However, there are procedures whereby the applicant can apply for a waiver of his RE code if he is in fact physically qualified and the needs of the service justify his return. However, it is understood that waivers are granted based on the needs of the service at the time and those needs vary with time. Therefore, he should contact his local recruiter.
4. Accordingly, in the absence of evidence to show any error or injustice, there appears to be no basis for granting the applicants request.
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) AR20150001402
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ABCMR Record of Proceedings (cont) AR20150001402
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