BOARD DATE:	  20 October 2015

		DOCKET NUMBER:  AR20150003401 


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 he currently serves in the U.S. Army Reserve (USAR) and he is into his window for reenlistment.  He went to speak with his unit retention office where they were shocked to see an RE-3 (not fit for duty) on his DD Form 214.  The RE code is the only bad thing on his DD Form 214 (Certificate of Release or Discharge from Active Duty).  He served honorably for nearly 3 years and 6 months of active service.  He searched his personnel records looking for a reason for this code and could not find the reason.  He requested assistance from his unit, Fort Carson, and U.S. Army Human Resources Command.  No one provided an explanation for his RE-3.  He requests a correction to his RE code so he can reenlist in the USAR and continue to serve toward his retirement.  He claims he is fit for duty and has successfully completed the Warrior Leader Course.  The RE-3 is an injustice and is currently hindering his ability to reenlist.  

3.  The applicant provides his DD Form 214 and Enlisted Record Brief (ERB). 

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.  The applicant enlisted in the Regular Army (RA) on 22 July 2008 and he held military occupational specialty 91C (Utilities Equipment Repairer).  

3.  He served in Afghanistan from 30 May 2009 to 26 May 2010.  He attained the rank/grade of specialist (SPC)/E-4 on 1 March 2010.  He was assigned to the 704th Combat Support Company at Fort Carson, CO. 

4.  His records contain and he provides an ERB, dated 8 September 2011.  It shows he was flagged for adverse action (AA) on 8 August 2011.  

5.  He was honorably released from active duty (REFRAD) on 29 December 2011 and he was transferred to the USAR Control Group (Reinforcement) to complete his remaining service obligation.  He completed 3 years, 5 months, and 8 days of active service. 

6.  His DD Form 214 shows he was REFRAD under the provisions of Army Regulation 635-200 (Active Duty Enlisted Administrative Separations), chapter 4, by reason of completion of required active service.  His DD Form 214 also shows in:

* Item 9 (Command to which transferred) USAR Control Group (Reinforcement)
* item 26 (Separation Code) "LBK"
* item 27 (RE Code) "3" 
* item 18 (Remarks) he completed his term of service

7.  On 23 March 2012, he was transferred from the USAR Control Group (Reinforcement) to a troop program unit of the USAR, 409th Engineer Company, and on 27 July 2013, to the 308th Quartermaster Company.

8.  His records also show he completed the Warrior Leader Course from 6 to 27 January 2015.

9.  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

10.  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 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.  

11.  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 29 December 2011 by reason of completion of his required service.  He was assigned an SPD code of "LBK."  His ERB shows he was flagged for adverse action as of 8 August 2011.  This would have prevented him from being fully eligible for reenlistment at the time and thus would have required his SPD Code to be LBK.  The RE code for this type of SPD code is "3."  In the absence of evidence to the contrary, it must be presumed that he received the appropriate SPD code at the time of separation.

2.  The RE-3 does not mean he is not fit for duty as he believes.  RE-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.  Individuals with an RE-3 are ineligible to enlist/reenlist unless a waiver is granted.

3.  The ABCMR does not correct records solely for the purpose of establishing eligibility for other programs or benefits.  He is advised to notify his USAR chain of command or retention officer that he is eligible to reenlist provided he is granted a waiver by the USAR.  The ABCMR does not determine eligibility for enlistment or reenlistment. 

4.  In view of the foregoing, there is an insufficient evidentiary basis for granting 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 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)                                         AR20150003401





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ABCMR Record of Proceedings (cont)                                         AR20150003401



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