RECORD OF PROCEEDINGS

	IN THE CASE OF:       

	BOARD DATE:            13 JANUARY 2004                  
	DOCKET NUMBER:   AR2003091250

	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. Deborah L. Brantley		Senior Analyst	

  The following members, a quorum, were present:

	Ms. Lana E. McGlynn		Chairperson	
	Mr. Roger W. Able		Member	
	Mr. Patrick H. McGann, 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).

THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:  

1.  The applicant requests that her Reentry (RE) Code and her Separation Program Designator (SPD) Code be changed.

2.  The applicant states that her RE Code is wrong.

3.  The applicant provides copies of documents lifting her local bar to reenlistment, prior to her separation date, as evidence that her RE Code is incorrect.

CONSIDERATION OF EVIDENCE: 

1.  Records available to the Board indicate that the applicant entered active duty on 20 May 1998 under a 4-year enlistment contract.  She entered active duty in pay grade E-2.  On 1 March 1999 she was advanced to pay grade E-3.

2.  Documents provided by the applicant indicate that she was barred from reenlisting by a local bar to reenlistment imposed on 9 January 2002.  A 15 April 2002 statement from her battalion commander recommended that the local bar be removed and noted that the applicant “has proven her ability to meet the Army Standard.”  The “flag” on her records was removed effective 15 March 2002.

3.  On 19 May 2002, upon completion of her 4-year enlistment contract, the applicant was released from active duty, in pay grade E-3, with an honorable characterization of service.  She was issued a Separation (SPD) Code of JBK and a Reentry Code of 3.

4.  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 United States Army Reserve.  Chapter 3 of that regulation prescribed basic eligibility for prior service applicants for enlistment.  That chapter included a list of armed forces RE Codes, including RA RE Codes.  RE-3 applies to those individuals who were not considered fully qualified for reenlistment or continuous service at the time of separation, but for which a subsequent request for waiver could be submitted for the purpose of reenlistment at a later date under the provisions of Army Regulation 601-210.  RE-3 applies to individual who were separated for a variety of reasons, including those who were ineligible for reenlistment because of their grade at the time of separation.

5.  Army Regulation 601-280 (Army Retention Program) notes that individuals in pay grade E-3 or below at the time of separation, are not eligible for reenlistment or extension.  Such Soldiers, who are separated on their scheduled ETS date, would receive an SPD Code of JBK indicating they were involuntarily separated from active duty because they were ineligible for, barred from, or otherwise denied reenlistment.  The “cross-reference” chart, provided by officials from the separation branch at the United States Army Human Resources Command-Alexandria notes that RE-3 is the appropriate RE Code for individuals who receive a SPD Code of JBK.

DISCUSSION AND CONCLUSIONS:

1.  Although the applicant’s local bar to reenlistment may have been lifted prior to her separation date, because she had not advanced beyond pay grade E-3 she was still ineligible to reenlist and as such was assigned an SPD Code of JBK and an RE Code of 3 at the time of her separation.

2.  The applicant is advised that although her RE-3 was properly assigned; this does not mean that she is totally disqualified from returning to military service.  The disqualification upon which the RE-3 was based may be waived for enlistment purposes.  The applicant is advised that if she desires to enlist, she should contact a local recruiter who can best advise her on her eligibility for returning to military service.  Those individuals can best advise a former service member as to the needs of the service at the time and may process enlistment waivers for the applicant’s RE Code.

BOARD VOTE:

________  ________  ________  GRANT RELIEF 

________  ________  ________  GRANT FORMAL HEARING

__LEM __  ___RWA_  __PHM__  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The evidence presented does not demonstrate the existence of a probable error or injustice.  Therefore, the Board determined that the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned.

		____Lana E. McGlynn_______
		        CHAIRPERSON

INDEX

CASE ID	AR2003091250	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20040113	
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.	100.03	
2.		
3.		
4.		
5.		
6.