MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:           22 August 2002                   
	DOCKET NUMBER:   AR2002072839

	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. Paul Wright		Analyst	

  The following members, a quorum, were present:

	Ms. Joann Langston		Chairperson	
	Mr. Raymond V. O'Connor, Jr.		Member	
	Ms. Barbara J. Lutz		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:  In effect, that his RE code be changed.

APPLICANT STATES:  The applicant makes no statement.

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

On 25 April 1994, the applicant enlisted in the Regular Army for a period of 4 years.  He successfully completed basic training and advanced individual training, and was awarded military occupational specialty (MOS) 92A10, Automated Logistical Specialist.

Upon graduation from advanced individual training, the applicant was assigned to duty in Korea.  Evidence of record shows he served periods of time at Fort Bragg, North Carolina, and Fort Polk, Louisiana.  He was promoted to Specialist (SPC/E-4) on 1 July 1996.

On 17 September 1997 while stationed at Fort Polk, he reenlisted in the Regular Army for a period of 4 years and an assignment in Europe.  He was re-assigned to Germany with B Company, 201st Forward Support Battalion from 18 May 1999 until his separation from active duty.

On 30 July 2001, the applicant was reduced from Specialist to Private First Class (PFC/E-3).  On 19 September 2001, the applicant was honorably separated from active duty.  He was credited with 7 years, 4 months, 25 days of active Federal service.  His DD Form 214 (Certificate of Release or Discharge From Active Duty) shows that he was awarded the Army Achievement Medal (5th award), the National Defense Service Medal, the Humanitarian Service Medal, the Army Service Ribbon, the Overseas Service Ribbon (with num 2), the NATO Medal, and the Kosovo Campaign Medal with Bronze Service Star.  His DD Form 214 further shows that he was separated by reason of "completion of required active service" with a separation code of "LBK" and a reentry eligibility (RE) code of "3." In addition, he was paid $12,191.52 separation pay.

Army Regulation (AR) 601-210 determines Regular Army (RA) and U.S. Army Reserve (USAR) reentry eligibility and provides regulatory guidance on the RE codes.  Separation Program Designator (SPD) code "LBK" with RE code of 3 indicates that a soldier: (a)  is ineligible for, or otherwise denied, immediate reenlistment; (b)  has executed a Declination of Continued Service Statement (DCSS); (c)  has failed to meet grade and service criteria in AR 601-210, paragraph 3-10; or (d)  has lost time due to AWOL or confinement.

Separation pay is a special drawdown pay available to soldiers with good records who are qualified to remain in uniform, but are denied reenlistment or continuation.  Recipients must have at least 6 years on active duty, 5 of which must be continuous
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 details surrounding the applicant's separation are not contained in the available records.  However, it is noted that the applicant received full separation pay.  This would indicate that he was not eligible for reenlistment or continuation on active duty.  It is also noted that he was a PFC with more than 7 years of active Federal service.  As such, his grade and years of service would not be in compliance with established criteria for reenlistment in the Regular Army without a waiver.

2.  Based upon his receipt of full separation pay, the Board presumes that the applicant was properly separated with an SPD code of LBK and an RE code of 3. These codes are used for a Regular Army soldier ineligible for, barred from, or otherwise denied reenlistment, who is separated on completion of enlistment.

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 this 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

__jhl___  __rvo___  __bjl___  DENY APPLICATION

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

INDEX

CASE ID	AR2002072839	
SUFFIX		
RECON		
DATE BOARDED	20020822	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	(DENY)	
REVIEW AUTHORITY		
ISSUES         1.	110.0000	
2.		
3.		
4.		
5.		
6.