PROCEEDINGS

	IN THE CASE OF:  

	BOARD DATE:            10 November 1998                  
	DOCKET NUMBER:   AC98-11383

	I certify that hereinafter is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in the case of the above-named individual.  

	Mr. Loren G. Harrell		Director	
	Mrs. Nancy Amos		Analyst	

  The following members, a quorum, were present:

	Mr. Calvin M. Fowler		Chairperson	
	Ms. Irene E. Wheelwright		Member	
	Ms. Margaret K. Patterson		Member	

	The applicant and counsel if any, did not appear before the Board.

	The Board considered the following evidence:

	Exhibit A - Application for correction of military 
                records
	Exhibit B - Military Personnel Records (including
	            advisory opinion, if any)

FINDINGS:

1.  The applicant has exhausted or the Board has waived the requirement for exhaustion of all administrative remedies afforded by existing law or regulations.

2.  The applicant requests that the reentry (RE) code on his DD Form 214 be changed.

3.  The applicant states he believes the RE code is in error.

4.  The applicant’s military records show that he completed 3 years of service in the Regular Army on 26 February 1988, was honorably separated, and reenlisted on 9 March 1993.  He was honorably separated on 8 March 1996 in pay grade E-5 after completing a total of 6 years active service.  His DD Form 214 shows his separation code as LBK (involuntary release from active duty (REFRAD) or transfer, to be used for a Regular Army soldier who is ineligible for, barred from, or otherwise denied reenlistment who is separated on completion of his enlistment) and his reentry code as 3 (ineligible for reenlistment unless the disqualification is waived).

5.  Such a separation code and reentry code would be proper if a soldier had a bar to reenlistment, was at his retention control point, or had signed a declination of continued service statement (DCSS).  There is no evidence in the applicant’s records to show he had a bar to reenlistment and his Personnel Qualification Record shows his reenlistment eligibility code as 10, eligible for immediate reenlistment.  As an E-5, his retention control point was at 13 years of service; he had only 6 years.  It is possible he had signed a DCSS in order to be taken off an overseas assignment and the statement for some reason was never filed in or posted to his records; however, he had been assigned to Fort Sill, OK after a tour in Germany for only 10 months prior to his separation.

6.  Block 9 of the applicant’s DD Form 214 shows he was not transferred to a Reserve Component; however, this must be an error.  Effective 1 June 1984 all personnel incur an 8-year statutory obligation on initial entry into the Armed Forces; he initially enlisted in 1985.

CONCLUSIONS:

1.  There is no evidence in the applicant’s records to justify his receiving a reentry code of 3 or a separation code of LBK.

2.  In the absence of evidence to the contrary, any doubt should be resolved in favor of the applicant.  A reentry code of 1 and a separation code of MBK (voluntary REFRAD or transfer, to be used for a Regular Army soldier eligible to reenlist who is REFRAD on completion of enlistment and transferred to the Reserve Components to complete a military service obligation) would be appropriate.

3.  In view of the foregoing, it would be in the interest of justice to correct the applicant’s records as recommended below.

RECOMMENDATION:

That the applicant’s DD Form 214 be corrected by changing his separation code to MBK and his reentry code to 1.

BOARD VOTE:  

CMF____  IEW____  MKP_____  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		______________________
		        CHAIRPERSON