IN THE CASE OF: BOARD DATE: 24 April 2014 DOCKET NUMBER: AR20130014178 THE BOARD CONSIDERED THE FOLLOWING EVIDENCE: 1. Application for correction of military records (with supporting documents provided, if any). 2. Military Personnel Records and advisory opinions (if any). THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE: 1. The applicant requests a change of his reentry eligibility (RE) code from an RE-3 to an RE-1. 2. The applicant states the RE code is in error. He served honorably through the end of his enlistment contract. 3. The applicant provides: * DD Form 214 (Certificate of Release or Discharge from Active Duty) * DA Form 31 (Request and Authority for Leave) * DA Form 137-1 (Unit Clearance Record) CONSIDERATION OF EVIDENCE: 1. Title 10, U.S. Code, section 1552(b), provides that applications for correction of military records must be filed within 3 years after discovery of the alleged error or injustice. This provision of law also allows the Army Board for Correction of Military Records (ABCMR) to excuse an applicant's failure to timely file within the 3-year statute of limitations if the ABCMR determines it would be in the interest of justice to do so. While it appears the applicant did not file within the time frame provided in the statute of limitations, the ABCMR has elected to conduct a substantive review of this case and, only to the extent relief, if any, is granted, has determined it is in the interest of justice to excuse the applicant's failure to timely file. In all other respects, there are insufficient bases to waive the statute of limitations for timely filing. 2. The applicant's records show he enlisted in the Regular Army (RA) on 4 June 2002 and he held military occupational specialty 92F (Petroleum Supply Specialist). He served in Korea from 8 April 2003 to 6 April 2004 and Iraq from 5 January 2005 to 7 January 2006. He attained the rank/grade of specialist (SPC)/E-4 in June 2004. 3. He outprocessed from his installation during April 2006 and signed out on transition leave from 5 May to 3 June 2006. He was honorably released from active duty (REFRAD) on 3 June 2006 and he was transferred to the U.S. Army Reserve (USAR) Control Group (Reinforcement) to complete his remaining service obligation. He completed 4 years of creditable active service. 4. His DD Form 214 shows he was REFRAD under the provisions of Army Regulation 635-200 (Personnel Separations – Active Duty Enlisted Administrative Separations), chapter 4) by reason of completion of required active service. * item 26 (Separation Code) shows the entry "LBK" * item 27 (RE Code) shows the entry "3" * item 18 (Remarks) shows he completed his term of service 5. Army Regulation 601-210 (RA and Army Reserve Enlistment Program) covers eligibility criteria, policies, and procedures for enlistment and processing into the RA and the USAR. Table 3-1 included a list of the RA RE codes. * An RE code of "1" applies to Soldiers completing their term of active service who are considered qualified to reenter the U.S. Army; they are qualified for enlistment if all other criteria are met * An RE code of "3" applies to Soldiers who are not considered fully qualified for reentry or continuous service at the time of separation, but the disqualification is waivable; those individuals are ineligible unless a waiver is granted 6. Army Regulation 635-5-1 (Separation Program Designator (SPD) Codes) states that the SPD codes are three-character alphabetic combinations that identify reasons for, and types of, separation from active duty. Two codes are used for Soldiers released from active duty for completion of required active service under the provisions of Army Regulation 635-200, chapter 4: a. The SPD code of "LBK" is the correct code for RA Soldiers involuntarily REFRAD for completion of required active service under the provisions of Army Regulation 635-200, chapter 4 who sign a Declination of Continued Service Statement or are ineligible for, barred from, or otherwise denied reenlistment at the completion of their enlistment. b. The SPD code of "MBK" is the correct code for Soldiers voluntarily REFRAD for completion of required active service under the provisions of Army Regulation 635-200, chapter 4 when eligible to reenlist and are transferred to the Reserve component to complete their military service obligation. 7. The SPD/RE Code Cross Reference Table provides instructions for determining the RE code for Active Army Soldiers and Reserve Component Soldiers. This cross reference table in effect at the time of his discharge shows the SPD code of "LBK" has a corresponding RE code of "3" and the SPD code "MBK" has a corresponding RE code of "1." DISCUSSION AND CONCLUSIONS: 1. The evidence of record confirms he was honorably REFRAD on 3 June 2006 by reason of completion of his required service. He was assigned an SPD code of "LBK." In the absence of evidence to the contrary, it must be presumed that he received the appropriate SPD code at the time of separation. The RE code for this type of SPD code is "3." 2. The ABCMR does not correct records solely for the purpose of establishing eligibility for other programs or benefits. He is advised that if he desires to reenter military service, he should contact a local recruiter who can best advise him on his 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. 3. In view of the foregoing, there is an insufficient evidentiary basis for granting the applicant's requested relief. BOARD VOTE: ________ ________ ________ GRANT FULL RELIEF ________ ________ ________ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING ____X____ ____X____ ____X____ 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. _______ _ __X_____ ___ CHAIRPERSON I certify that herein is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in this case. ABCMR Record of Proceedings (cont) AR20130014178 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20130014178 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1