PROCEEDINGS

	IN THE CASE OF:  

	BOARD DATE:  19 March 2002
	DOCKET NUMBER:  AR2001063624

	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	
	Ms. Joyce A. Wright		Analyst	

  The following members, a quorum, were present:

	Ms. Shirley Powell		Chairperson	
	Mr. Stanley Kelley		Member	
	Mr. Elzey J. Arledge		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 of “3” be changed to 
RE “1.”

3.  The applicant states that he believes that his current RE Code of RE-3 is a clerical error based on the information provided on his DD Form 214 (Certificate of Release or Discharge from Active Duty).  His DD Form 214 shows that he received an honorable discharge, a separation program designator (SPD) code of “LBK”, and revealed no derogatory information in item 18 (Remarks) of his DD Form 214.  He also states that his service was exemplary as indicated by earning a Good Conduct Medal and Army Achievement Medal.  In support of his application, he submits a copy of his DD Form 214 and a copy of Permanent Orders 09-0002, dated 11 March 1994, awarding him the Army Achievement Medal.

4.  The applicant’s military records show he enlisted on 6 January 1992, as a light weapons infantry.  He continued to serve until he was honorably released from active duty on 27 April 1994.  He was transferred to the USAR Control Group (Annual Training).

5.  Item 27 (REENTRY CODE) of his DD Form 214 shows the entry “RE-3” and item 26 (SEPARATION CODE) shows the entry “LBK.”

6.  There is no evidence of derogatory information in the applicant’s records.

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, including RA RE codes.

8.  RE-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, and those discharged under the provisions of chapters 9, 10, 13, and 14 of Army Regulation 635-200.

9.  RE-1 applies to persons completing their term of service (ETS) who are considered qualified to reenter the Army.

10.  Army Regulation 635-5-1 prescribes the specific authorities (regulatory, statutory, or other directives), the reasons for the separation of members from active military service, and the SPD to be used for these stated reasons.  The regulation shows that the SPD of “LBK” as shown on the applicant’s DD Form 214 is appropriate for involuntary release from active duty (REFRAD) or transfer when the narrative reason for discharge is “Completion of Required Active Service.”  The SPD code of “MBK” is appropriate when individuals are voluntary REFRAD or transferred under the same authority.

11.  The SPD/RE Code Cross Reference Table, dated March 2001, provides
instructions for determining the RE code for Active Army soldiers and Reserve Component soldiers separated for cause.  It also shows the SPD code with a corresponding RE code and states that more than one RE code could apply.  The soldier’s file and other pertinent documents must be reviewed in order to make a final determination.  The SPD code of “LBK” has a corresponding RE code of “3” and the SPD code of “MBK” has a corresponding RE code of “1 or 3.”

CONCLUSIONS:

1.  The evidence of record shows that the applicant was honorably released from active duty under the provisions of Army Regulation 635-200, chapter 4 and was issued an RE Code of “RE 3” with a corresponding SPD code of “LBK.”

2.  The Board notes that under Army Regulation 635-5-1, the SPD code for voluntary REFRAD or transfer to the USAR is “MBK” with a corresponding RE code of “RE 1 or 3.”  However, the applicant was issued the SPD code of “LBK” instead of the SPD code of “MBK.”  The Board also notes that the applicant’s records did not contain any derogatory information.  Therefore, he is entitled to correction of item 27 (Reenlistment Code) to show the entry “RE-1” and correction of item 26 (Separation Code) of his DD Form 214 to show the entry “MBK.”

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:

a.  by showing the entry “RE-1” in item 27 (Reentry Code) of his DD Form 214; and

b.  by showing the entry “MBK” in item 26 (Separation Code) of his DD Form 214.

BOARD VOTE:  

__sp___  ___sk___  ___ea___  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		__Shirley Powell___
		        CHAIRPERSON

INDEX

CASE ID	AR2001063624	
SUFFIX		
RECON		
DATE BOARDED	20020319	
TYPE OF DISCHARGE	HD	
DATE OF DISCHARGE	19940227	
DISCHARGE AUTHORITY	AR 635-200, C,4	
DISCHARGE REASON		
BOARD DECISION	GRANT	
REVIEW AUTHORITY		
ISSUES         1.  4		
2.		
3.		
4.		
5.		
6.