IN THE CASE OF: BOARD DATE: 3 May 2016 DOCKET NUMBER: AR20150009880 BOARD VOTE: _________ _______ ________ GRANT FULL RELIEF ________ ________ ________ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING ____x___ ____x___ ____x____ DENY APPLICATION 2 Enclosures 1. Board Determination/Recommendation 2. Evidence and Consideration IN THE CASE OF BOARD DATE: 3 May 2016 DOCKET NUMBER: AR20150009880 BOARD DETERMINATION/RECOMMENDATION: The evidence presented does not demonstrate the existence of a probable error or injustice. Therefore, the Board determined 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. IN THE CASE OF: BOARD DATE: 3 May 2016 DOCKET NUMBER: AR20150009880 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 correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period ending 9 September 2002 to show his reentry eligibility (RE) code as 1. 2. The applicant states: * he served honorably on active duty and again after he was recalled to go to war in Afghanistan, which he did voluntarily * he received an honorable discharge * his separation program designator (SPD) code LBK means he served with honor and fulfilled his term of active duty service * he does not understand why he would receive an RE code 3 for doing his duty unless someone incorrectly prepared his DD Form 214 at Fort Hood * his honor is all he has in this world and his RE code should be restored to RE code 1 3. The applicant provides a copy of his DD Form 214 for the period ending 9 September 2002. 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 enlisted in the Regular Army on 10 September 1998 in the rank/grade of private/E-2 for a period of 4 years. 3. On 1 April 2000, he was advanced to the rank/grade of private first class (PFC)/E-3. 4. On 9 September 2002, he was honorably released from active duty and transferred to the U.S. Army Reserve (USAR) Control Group (Reinforcement). He completed 4 years of creditable active military service. His DD Form 214 for this period shows in: * item 4a (Grade, Rate, or Rank) – PFC * item 4b (Pay Grade) – E-3 * item 23 (Type of Separation) – Release from Active Duty * item 24 (Character of Service) – Honorable * item 25 (Separation Authority) – Army Regulation 635-200 (Personnel Separations – Enlisted Personnel), chapter 4 * item 26 (Separation Code) – LBK * item 27 (Reentry Code) – 3 * item 28 (Narrative Reason for Separation) – Completion of Required Active Service 5. On 7 November 2011, he was ordered to active duty as a member of the USAR in support of Operation Enduring Freedom. 6. On 24 March 2006, he was honorably released from active duty. His DD Form 214 for this period shows in: * item 18 (Remarks) – he completed his first full term of service * item 26 – LBK * item 27 – NA * item 28 – Completion of Required Active Service 7. Headquarters, 81st Regional Readiness Command, Orders 06-194-00012, dated 13 July 2006, honorably discharged him from the USAR on the same date. REFERENCES: 1. Army Regulation 601-280 (Army Retention Program), in effect at the time, prescribed the eligibility criteria governing the immediate reenlistment in the Regular Army of persons currently serving on active duty with the Army and eligibility criteria and options for enlistment or transfer to the Reserve Component. a.  Table 3-1 shows 3 years as the retention control point for Soldiers in the rank of private through PFC. Soldiers could not exceed this retention control point by more than 29 days before expiration of contracted service. b.  Except for Soldiers serving indefinite reenlistments, Soldiers who reached their retention control point during their current enlistment agreement, either through length of service, reduction in rank, or by removal from a promotion list, whether voluntary or involuntary, could serve until contracted expiration term of service, unless they were separated earlier under applicable administrative, physical disability, or Uniform Code of Military Justice separation provisions. c.  As an exception, Soldiers in the rank of PFC or below: (1)  who were in the rank of PFC on their initial enlistment of 3 years or less, if otherwise qualified, to include those with approved waivers, and reenlisted prior to 26 months total active service, were eligible to reenlist for a period not to exceed 6 years and 29 days; (2)  who were eligible for a selective retention bonus and in the rank of PFC on their initial enlistment of less than 4 years, if otherwise qualified, to include 21 months continuous active Federal service (other than active duty training), and those with approved waivers, were eligible to reenlist for a period not to exceed 5 years to become eligible to receive a selective retention bonus. Total active service would not exceed 7 years and 29 days; and (3)  who were reduced in rank were not authorized reenlistment or extension. 2. Army Regulation 601-210 (Regular Army and Army Reserve Enlistment Program), in effect at the time, covered eligibility criteria, policies, and procedures for enlistment and processing into the Regular Army and USAR. Chapter 3 prescribed the basic eligibility for prior-service applicants for enlistment and included a list of Armed Forces RE codes. * RE code 1 applied to persons who completed an initial term of active service who were fully qualified for enlistment when separated * RE code 3 applied to persons who were not qualified for reentry or continuous service at the time of separation, but the disqualification was waivable * RE code 4 applied to Soldiers separated from their last period of service with a nonwaivable disqualification 3. Army Regulation 601-210 further provided that RE codes were used for administrative purposes only and that applicants should be advised that RE codes were not to be considered derogatory in nature. The codes were simply used for identification of an enlistment processing procedure. 4. Army Regulation 635-5-1 (SPD Codes), in effect at the time, provided the specific authorities, reasons for separating Soldiers from active duty, and the SPD codes to be entered on the DD Form 214. a.  SPD code KBK was the appropriate code to assign Regular Army enlisted Soldiers who were eligible to reenlist or with a Declination of Continued Service Statement (DCSS) in force who were voluntarily discharged on completion of enlistment under the provisions of Army Regulation 635-200, chapter 4. b.  SPD code LBK was the appropriate code to assign to Regular Army enlisted Soldiers, except for those with a DCSS in force, who were ineligible for, barred from, or otherwise denied reenlistment and involuntarily separated under the provisions of Army Regulation 635-200, chapter 4, based upon completion of required active service. c.  SPD code MBK was the appropriate code to assign to Regular Army Soldiers eligible to reenlist or with a DCSS in force who were released from active duty on completion of enlistment and transferred to the Reserve Components to complete their military service obligations. This SPD code was also used for Army National Guard of the United States and USAR Soldiers who were released from active duty on completion of required active service or period for which ordered to active duty. 5. The SPD/RE Code Cross Reference Table established RE code 3 as the proper RE code to assign to Soldiers separated with an SPD code of LBK and RE code 1 or RE code 3 as the proper RE code to assign Soldiers who were separated with an SPD code of MBK. DISCUSSION: 1. The applicant held the rank/grade of PFC/E-3 at the time of his release from active duty on 9 September 2002. His DD Form 214 shows he completed 4 years of active duty service. 2. By virtue of the applicant's pay grade at the time of his release from active duty on 9 September 2002, he was barred from reenlistment. Inasmuch as he did not advance in grade past pay grade E-3, he essentially barred himself from reenlistment and his records properly reflect his ineligibility to reenlist. Accordingly, he was properly issued RE code 3 because he had reached the retention control point for his pay grade. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20150009880 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20150009880 5 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2