PROCEEDINGS

	IN THE CASE OF:      

	BOARD DATE:            23 October 2001
	DOCKET NUMBER:    AR2001058997

	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. Robert J. McGowan		Analyst	

  The following members, a quorum, were present:

	Ms. Shirley L. Powell		Chairperson	
	Mr. Allen L. Raub		Member	
	Mr. Thomas E. O'Shaughnessy, Jr.		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, in effect, that her reentry eligibility (RE) code be corrected.

3.  The applicant makes no statement; however, she provides a copy of her DD Form 214, Certificate of Release or Discharge From Active Duty.

4.  The applicant’s military records show that she enlisted in the Regular Army for 4 years on 13 June 1985 and was honorably discharged on 12 June 1989.  Her DD Form 214 shows that she was released from active duty under the provisions of chapter 4, Army Regulation 635-200 for "expiration term of service."  Her separation code was "LBK" and her RE Code was RE-4.

5.  Pertinent Army regulations provide that prior to discharge or release from active duty, individuals will be assigned RE 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 RE codes, including RA RE codes.  An RE-4 code applies to soldiers not eligible to reenlist.  An RE-3 code applies to persons not qualified for continued Army service, but the disqualification is waivable.

6.  Pertinent regulations provide that soldiers separated with an "LBK" separation code will be given an RE code of RE-3.

CONCLUSIONS:

1.  The applicant was separated by reason of expiration term of service with a separation code of "LBK."

2.  Pertinent regulations require that a separation code of "LBK" will receive an RE Code of RE-3.

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 be corrected by issuing to the individual concerned a DD Form 215, Correction to DD Form 214, changing her Reenlistment Code in Block 27 from RE-4 to RE-3.

BOARD VOTE:  

___SLP__  __ALR__  __THO__  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		_    _Shirley L. Powell__
		        CHAIRPERSON

INDEX

CASE ID	AR2001058997	
SUFFIX		
RECON		
DATE BOARDED	20011023	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	GRANT	
REVIEW AUTHORITY	DASA	
ISSUES         1.	100.0300	
2.		
3.		
4.		
5.		
6.