MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:      

	BOARD DATE:           20 DECEMBER 2001
	DOCKET NUMBER:   AR2001062025

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

	Mr. Carl W. S. Chun		Director	
	Mr. Kenneth H. Aucock		Analyst	

  The following members, a quorum, were present:

	Mr. John N. Slone		Chairperson	
	Mr. Thomas B. Redfern III		Member	
	Mr. Lester Echols		Member	

	The Board, established pursuant to authority contained in 10 U.S.C. 1552, convened at the call of the Chairperson on the above date.  In accordance with Army Regulation 15-185, the application and the available military records pertinent to the corrective action requested were reviewed to determine whether to authorize a formal hearing, recommend that the records be corrected without a formal hearing, or to deny the application without a formal hearing if it is determined that insufficient relevant evidence has been presented to demonstrate the existence of probable material error or injustice.

	The applicant requests correction of military records as stated in the application to the Board and as restated herein.

	The Board considered the following evidence:

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

APPLICANT REQUESTS:  That his separation code and reentry code on his     25 January 2001 DD Form 214 be changed from “LBK” and “3,” respectively, to “MBK” and “1.”  It appears that the applicant is requesting that those codes be changed in order for him to enlist in the Regular Army.    

APPLICANT STATES:  That he made up his lost time, was promoted on             1 October 2000 after his lost time, and no waiver is required [in order to reenlist]. 

EVIDENCE OF RECORD:  The applicant's military records show:

The applicant’s DD Form 214 shows that he entered on active duty on               14 January 1998.  Personnel action forms show that he was AWOL on               29 December 1999 and returned to duty on 10 January 2000.  The applicant was promoted to pay grade E-4 on 1 October 2000.

The applicant was released from active duty and transferred to a unit of the      29th Infantry Division, a National Guard organization on 25 January 2001.  He had 3 years of service and 12 days of lost time.

On 20 August 2001 the applicant requested a conditional release from the Virginia Army National Guard, and enlistment in the Regular Army. 

Army Regulation 635-5-1 prescribes the specific authorities, reasons for separating soldiers from active duty, and the SPD codes to be entered on the   DD Form 214.  SPD code “LBK” is applicable to a RA soldier who is ineligible for, barred from, or otherwise denied reenlistment who is separated on completion of enlistment.  A soldier who has a record of AWOL is ineligible for reenlistment without a waiver.

A 1 March 2001 separation program designator code (SPD)/reentry (RE) code cross reference table indicates in pertinent part that RE Code 3 will be entered [on the DD Form 214) when the soldier’s record indicates that the soldier has time lost due to AWOL.

Pertinent Army regulations provide that prior to release from active duty, individuals will be assigned RE codes, based on their service records or the reason for discharge.  Army Regulation 601-210 governs eligibility criteria for enlistment and lists RE codes.  Code RE-3 applies to persons who are not fully qualified for reentry or continuous service at time of separation, but disqualification is waivable.

Paragraph 3-27 states that prior service Army personnel will be advised that RE codes may be changed only if determined to be administratively incorrect.  Applicants who have correct RE codes will be processed for a waiver at their request if otherwise qualified and a waiver is authorized.
Paragraph 4-10 states that any applicant who, during their last period of service, had AWOL or lost time of 6 or more days regardless of type of separation or     RE code will be required to have a waiver for enlistment.  The approval authority for a Regular Army enlistment is the Total Army Personnel Command. 

Army Regulation 601-280 prescribes the total Army retention program.  That regulation applies to all military personnel of the active Army.  It does not apply to personnel of the Army National Guard or Army Reserve unless ordered into active Federal service under appropriate authority.  Paragraph 3-9b concerns a request for additional active duty from an Army reservist who does not have enough time remaining on his current Reserve enlistment to cover the additional active duty tour desired (soldiers on active duty under AR 135-91 or 135-210).

DISCUSSION:  Considering all the evidence, allegations, and information presented by the applicant, together with the evidence of record, applicable law and regulations, it is concluded:

1.  The applicant’s separation and reentry codes on his DD Form 214 are correct.  He requires a waiver in order to enlist in the Regular Army.

2.  In order to justify correction of a military record the applicant must show to the satisfaction of the Board, or it must otherwise satisfactorily appear, that the record is in error or unjust.  The applicant has failed to submit evidence that would satisfy that requirement.

3.  In view of the foregoing, there is no basis for granting the applicant's request.

DETERMINATION:  The applicant has failed to submit sufficient relevant evidence to demonstrate the existence of probable error or injustice.

BOARD VOTE:

________  ________  ________  GRANT

________  ________  ________  GRANT FORMAL HEARING

__JNS __  __TBR   _  __LE____  DENY APPLICATION

		    Carl W. S. Chun
		    Director, Army Board for Correction
    of Military Records

INDEX

CASE ID	AR2001062025	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20011220	
TYPE OF DISCHARGE	(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)	
DATE OF DISCHARGE	YYYYMMDD	
DISCHARGE AUTHORITY	AR .  .  .  .  .  	
DISCHARGE REASON		
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.	110.00	
2.	4	
3.		
4.		
5.		
6.