PROCEEDINGS

	IN THE CASE OF: 

	BOARD DATE:  18 September 2001
	DOCKET NUMBER:  AR2001055933

	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. Carl W. S. Chun		Director	
	Mr. Vic Whitney		Analyst	

  The following members, a quorum, were present:

	Ms. Joann Langston		Chairperson	
	Ms. Karen A. Heinz		Member	
	Mr. Melvin H. Meyer		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 his reentry (RE) code be changed from a 3 to a 1.

3.  The applicant states that his type of separation warranted a reentry code of 1.

4.  The applicant’s military records show that he enlisted on 4 January 1996 as a petroleum supply specialist.  He was promoted to the pay grade of E-3 effective 1 December 1996.  Effective 3 January 1999, he was separated from active duty and transferred to the Army Reserve under the authority of Army Regulation 635-200, chapter 4, by reason of completion of required service.

5.  The applicant’s DD Form 214 (Certificate of Release from Active Duty) shows a separation program designator of LBK and a reentry code of 3.

6.  There is no documentation in the available record to show that the applicant was ineligible for, denied, or barred from immediate reenlistment prior to his separation.  There is also no record of lost time or action taken against the applicant under the Uniform Code of Military Justice.

7.  Pertinent Army regulations provide that prior to discharge or release from active duty, individuals will be assigned reentry codes, based on their service records or the reason for discharge.  Army Regulation 601-210 covers eligibility criteria, policies, and procedures for enlistment and processing into the Regular Army (RA) and the US Army Reserve.  Chapter 3 of that regulation prescribes basic eligibility for prior service applicants for enlistment.  That chapter includes a list of armed forces reentry codes.

8.  The reentry code of 3 applies to persons not qualified for continued Army service, but the disqualification is waivable.  Certain persons who have received nonjudicial punishment are so disqualified, as are persons with bars to reenlistment.

9.  Army Regulation 635-5-1 provides the policy for recording the reason for separation and separation program designator on the DD Form 214.  The regulation provides that the separation program designator for completion of required service under Army Regulation 635-200, chapter 4 is KBK with a reentry code of 1.

CONCLUSIONS:

1.  There is no evidence of record that the applicant’s separation program designator of LBK with a reentry code of 3 was authorized or justified.  None of the criteria that establishes a reason to deny the applicant immediate reenlistment are present in the available record.

2.  The applicant is entitled to correction of his records to show a separation program designator of KBK and a reentry code of 1.

3.  In view of the foregoing, the applicant’s records should be corrected as recommended below.

RECOMMENDATION:

That all of the Department of the Army records related to this case for the individual concerned be corrected by amending his separation program designator to KBK and a reentry code of 1.

BOARD VOTE:  

__jl___  ___kh___  ___mm____  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		__Joann Langston____
		        CHAIRPERSON

INDEX

CASE ID	AR2001055933	
SUFFIX		
RECON		
DATE BOARDED	20010918	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	GRANT	
REVIEW AUTHORITY		
ISSUES         1.	100.03	
2.		
3.		
4.		
5.		
6.