MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:      

	BOARD DATE:           04 JUNE 2002                   
	DOCKET NUMBER:   AR2002069596

	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:

	Ms. Jennifer L. Prater		Chairperson	
	Mr. Arthur A. Omartian		Member	
	Ms. Regan K. Smith		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 reentry (RE) code and separation code on his DD Form 214 be corrected in order for him to reenlist.     

APPLICANT STATES:  That he meets the height and weight requirements and he wants to serve his country.  He wants to return to active duty as soon as possible.  He made a mistake in getting out.

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

The applicant enlisted in the Army for three years on 15 May 1998.  He was released from active duty on 14 May 2001 upon completion of his required three years of active service.  The applicant’s DD Form 214 shows a separation code of “LBK,” and a reentry code of “3.”

Army Regulation 635-200, chapter 4 states that an enlisted soldier will be separated upon expiration of his term of enlistment.  Army Regulation 635-5-1 prescribes the policy for standardization of separation program designator (SPD) codes.  SPD codes are three-character alphabetic combinations which identify reasons for, and types of, separation from active duty.  SPD code “LBK” identifies an enlisted soldier discharged under the provisions of Army Regulation 635-200, Chapter 4, upon completion of required active service, who is ineligible for, barred from, or otherwise denied reenlistment.

Pertinent Army regulations provide that prior to discharge or release from active duty, individuals will be assigned reentry (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.  RE 3 applies to persons who do not meet the criteria for reenlistment, and states that those persons are ineligible for enlistment unless a waiver if granted.  A waiver may not be submitted until 2 years from date of last separation.

That regulation also states in pertinent part that prior service personnel will be advised that RE codes may be changed only if they are determined to be administratively incorrect.  Applicants who have correct RE codes will be processed for a waiver at their request if otherwise qualified and waiver is authorized.  Recruiting personnel are authorized to process requests for waiver. 

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.  There is no error or injustice in the applicant’s DD Form 214.  Absent evidence to the contrary, his separation code and reentry code are correct.  The applicant has not provided any evidence to show that those codes are incorrect.  

2.  The applicant has submitted neither probative evidence nor a convincing argument in support of his request.   

3.  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.

4.  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

__JLP___  __AAO __  __RKS__  DENY APPLICATION

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

INDEX

CASE ID	AR2002069596	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20020604	
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.		
3.		
4.		
5.		
6.