AR20150009880

IN THE CASE OF:

BOARD DATE: 3 May 2016

DOCKET NUMBER: AR20150009880

BOARD VOTE:

_________ _______ ________ GRANT FULL RELIEF

________ ________ ________ GRANT PARTIAL RELIEF

________ ________ ________ GRANT FORMAL HEARING

____x___ ____x___ ____x____ DENY APPLICATION

2Enclosures
1. Board Determination/Recommendation
2. Evidence and Consideration

IN THE CASE OF

BOARD DATE: 3 May 2016

DOCKET NUMBER: AR20150009880

BOARD DETERMINATION/RECOMMENDATION:

The evidence presented does not demonstrate the existence of a probable error or injustice. Therefore, the Board determined 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.

IN THE CASE OF:

BOARD DATE: 3 May 2016

DOCKET NUMBER: AR20150009880

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 correction of his DDForm214 (Certificate of Release or Discharge from Active Duty) for the period ending 9September 2002 to show his reentry eligibility (RE) code as 1.

2. The applicant states:

* he served honorably on active duty and again after he was recalled to go to war in Afghanistan, which he did voluntarily
* he received an honorable discharge
* his separation program designator (SPD) code LBK means he served with honor and fulfilled his term of active duty service
* he does not understand why he would receive an RE code3 for doing his duty unless someone incorrectly prepared his DDForm214 at FortHood
* his honor is all he has in this world and his RE code should be restored to RE code1

3. The applicant provides a copy of his DDForm214 for the period ending 9September 2002.

CONSIDERATION OF EVIDENCE:

1. Title10, U.S.Code, section1552(b), provides that applications for correction of military records must be filed within 3years 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 on 10September 1998 in the rank/grade of private/E-2 for a period of 4years.

3. On 1April 2000, he was advanced to the rank/grade of privatefirstclass (PFC)/E-3.

4. On 9September 2002, he was honorably released from active duty and transferred to the U.S.Army Reserve (USAR) Control Group (Reinforcement). He completed 4years of creditable active military service. His DDForm214 for this period shows in:

* item4a (Grade, Rate, or Rank) PFC
* item4b (Pay Grade) E-3
* item23 (Type of Separation) Release from Active Duty
* item24 (Character of Service) Honorable
* item25 (Separation Authority) Army Regulation635-200 (Personnel Separations Enlisted Personnel), chapter4
* item26 (Separation Code) LBK
* item27 (Reentry Code) 3
* item28 (Narrative Reason for Separation) Completion of Required Active Service

5. On 7November 2011, he was ordered to active duty as a member of the USAR in support of Operation Enduring Freedom.

6. On 24March 2006, he was honorably released from active duty. His DDForm214 for this period shows in:

* item18 (Remarks) he completed his first full term of service
* item26 LBK
* item27 NA
* item28 Completion of Required Active Service

7. Headquarters, 81stRegional Readiness Command, Orders06-194-00012, dated 13July 2006, honorably discharged him from the USAR on the same date.

REFERENCES:

1. Army Regulation601-280 (Army Retention Program), in effect at the time, prescribed the eligibility criteria governing the immediate reenlistment in the Regular Army of persons currently serving on active duty with the Army and eligibility criteria and options for enlistment or transfer to the Reserve Component.

a.Table3-1 shows 3years as the retention control point for Soldiers in the rank of private through PFC. Soldiers could not exceed this retention control point by more than 29days before expiration of contracted service.

b.Except for Soldiers serving indefinite reenlistments, Soldiers who reached their retention control point during their current enlistment agreement, either through length of service, reduction in rank, or by removal from a promotion list, whether voluntary or involuntary, could serve until contracted expiration term of service, unless they were separated earlier under applicable administrative, physical disability, or Uniform Code of Military Justice separation provisions.

c.As an exception, Soldiers in the rank of PFC or below:

(1)who were in the rank of PFC on their initial enlistment of 3years or less, if otherwise qualified, to include those with approved waivers, and reenlisted prior to 26months total active service, were eligible to reenlist for a period not to exceed 6years and 29days;

(2)who were eligible for a selective retention bonus and in the rank of PFC on their initial enlistment of less than 4years, if otherwise qualified, to include 21months continuous active Federal service (other than active duty training), and those with approved waivers, were eligible to reenlist for a period not to exceed 5years to become eligible to receive a selective retention bonus. Total active service would not exceed 7years and 29days; and

(3)who were reduced in rank were not authorized reenlistment or extension.

2. Army Regulation601-210 (Regular Army and Army Reserve Enlistment Program), in effect at the time, covered eligibility criteria, policies, and procedures for enlistment and processing into the Regular Army and USAR. Chapter3 prescribed the basic eligibility for prior-service applicants for enlistment and included a list of Armed Forces RE codes.

* RE code1 applied to persons who completed an initial term of active service who were fully qualified for enlistment when separated
* RE code3 applied to persons who were not qualified for reentry or continuous service at the time of separation, but the disqualification was waivable
* RE code4 applied to Soldiers separated from their last period of service with a nonwaivable disqualification

3. Army Regulation601-210 further provided that RE codes were used for administrative purposes only and that applicants should be advised that RE codes were not to be considered derogatory in nature. The codes were simply used for identification of an enlistment processing procedure.

4. Army Regulation635-5-1 (SPD Codes), in effect at the time, provided the specific authorities, reasons for separating Soldiers from active duty, and the SPD codes to be entered on the DDForm214.

a.SPD codeKBK was the appropriate code to assign Regular Army enlisted Soldiers who were eligible to reenlist or with a Declination of Continued Service Statement (DCSS) in force who were voluntarily discharged on completion of enlistment under the provisions of Army Regulation635-200, chapter4.

b.SPD codeLBK was the appropriate code to assign to Regular Army enlisted Soldiers, except for those with a DCSS in force, who were ineligible for, barred from, or otherwise denied reenlistment and involuntarily separated under the provisions of Army Regulation635-200, chapter4, based upon completion of required active service.

c.SPD codeMBK was the appropriate code to assign to Regular Army Soldiers eligible to reenlist or with a DCSS in force who were released from active duty on completion of enlistment and transferred to the Reserve Components to complete their military service obligations. This SPD code was also used for Army National Guard of the UnitedStates and USAR Soldiers who were released from active duty on completion of required active service or period for which ordered to active duty.

5. The SPD/RE Code Cross Reference Table established RE code3 as the proper RE code to assign to Soldiers separated with an SPD code of LBK and RE code1 or RE code3 as the proper RE code to assign Soldiers who were separated with an SPD code of MBK.

DISCUSSION:

1. The applicant held the rank/grade of PFC/E-3 at the time of his release from active duty on 9September 2002. His DDForm214 shows he completed 4years of active duty service.

2. By virtue of the applicant’s pay grade at the time of his release from active duty on 9September 2002, he was barred from reenlistment. Inasmuch as he did not advance in grade past pay grade E-3, he essentially barred himself from reenlistment and his records properly reflect his ineligibility to reenlist. Accordingly, he was properly issued RE code3 because he had reached the retention control point for his pay grade.

//NOTHING FOLLOWS//
ABCMR Record of Proceedings AR20150000953

Enclosure 1

ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS

ABCMR Record of Proceedings (cont) AR20150009880

2

ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS

Enclosure 1

ABCMR Record of Proceedings (cont) AR20150009880

5

ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS

Enclosure 2