IN THE CASE OF:  

		BOARD DATE:  3 August 2020

		DOCKET NUMBER:  AR20200000751


APPLICANT REQUESTS:  her reentry eligibility (RE) code of "3" be changed to RE 
code "1." 

APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD:

*	DD Form 149 (Application for Correction of Military Record)
*	DD Form 214 (Certificate of Release or Discharge from Active Duty)

FACTS:

1.  The applicant did not file within the three year time frame provided in Title 10, United 
States Code, section 1552(b); however, the ABCMR conducted a substantive review of 
this case and determined it is in the interest of justice to excuse the applicant's failure to 
timely file.

2.  The applicant states, in part, she fulfilled her service completely and honorably. The 
RE code was used to deter her from leaving the military upon her expiration term of 
service (ETS) because of the War in Iraq and it was unfair.

3.  The applicant enlisted into the Regular Army (RA) on 19 November 1996.

4.  On 8 December 2003, the applicant signed a Declination of Continued Service 
Statement (DCSS).  She acknowledged she was prohibited from reenlistment or 
extension of enlistment.

5.  On 23 April 2004, the applicant was honorably released from active duty (REFRAD). 
Her DD Form 214 shows she was REFRAD under the provisions of chapter 4 of Army 
Regulation 635-200 (Active Duty Enlisted Administrative Separations) by reason of 
completion of required active service.  She completed 7 years, 5 months, and 5 days of 
net active service this period.  Item 26 (Separation Code) shows the entry "MBK" and 
item 27 (Reentry Code) shows the entry "3."  

6.  Army Regulation 635-200 sets forth the basic authority for the separation of enlisted 
personnel.  It states, in pertinent part, 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 (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 includes a list of the RA RE codes.  A 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.  A 
code of "3" applies to Soldiers who are not considered fully qualified for reentry or 
continuous service at time of separation, but the disqualification is waivable.  However, 
those individuals are ineligible unless a waiver is granted.  

7.  Army Regulation 635-5-1 (Separation Program Designator Codes) states that the 
Separation Program Designator (SPD) codes are three-character alphabetic 
combinations which identify reasons for, and types of, separation from active duty.  

8.  The SPD/RE Code Cross Reference Table, dated 31 March 2005, provides 
instructions for determining the RE code for Active Army Soldiers and Reserve 
Component Soldiers.  

BOARD DISCUSSION:

The Board carefully considered the complete evidentiary record, including the 
applicant’s statement, and found the evidence presented is insufficient to grant relief.  
The Board found insufficient evidence of the existence of a probable error or injustice 
regarding the applicant’s request to change her records to reflect an RE Code of 1.  Per 
the applicant’s DCSS, dated 8 December 2003, the applicant was prohibited from 
reenlistment or extension of enlistment.  This indicates that an RE Code of 3 is correct, 
as she was not fully qualified for reentry.  The RE code of 3 indicates that the 
applicant’s disqualification is waivable.
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BOARD VOTE:

Mbr 1	Mbr 2	Mbr 3

:	:	:	GRANT FULL RELIEF

:	:	:	GRANT PARTIAL RELIEF

:	:	:	GRANT FORMAL HEARING

:	:	:	DENY APPLICATION


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.

		  
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.


REFERENCES:

1.  Title 10, United States 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 ABCMR to excuse an applicant's 
failure to timely file within the 3 year statute of limitations if the Army Board for 
Correction of Military Records (ABCMR) determines it would be in the interest of justice 
to do so.

2.  Army Regulation 635-200 sets forth the basic authority for the separation of enlisted 
personnel.  It states, in pertinent part, 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 (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 includes a list of the RA RE codes.  A 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.  A 
code of "3" applies to Soldiers who are not considered fully qualified for reentry or 
continuous service at time of separation, but the disqualification is waivable.  However, 
those individuals are ineligible unless a waiver is granted.  

3.  Army Regulation 635-5-1 (Separation Program Designator Codes) states that the 
Separation Program Designator (SPD) codes are three-character alphabetic 
combinations which 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 chapter 4 of Army Regulation 635-200:

     a.  The SPD code of "LBK" is the correct code for RA Soldiers REFRAD for 
completion of required active service under the provisions of chapter 4, Army 
Regulation 635-200 who sign a DCSS 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 REFRAD for completion 
of required active service under the provisions of chapter 4, Army Regulation 635-200 
when eligible to reenlist and are transferred to the Reserve component to complete their 
military service obligation.

4.  The SPD/RE Code Cross Reference Table, dated 31 March 2005, provides 
instructions for determining the RE code for Active Army Soldiers and Reserve 
Component Soldiers.  This cross reference table shows the SPD code and 
corresponding RE code.  The SPD code of "LBK" has a corresponding RE code of "3" 
and the SPD code "MBK" has a corresponding RE code of "1."

//NOTHING FOLLOWS//
ABCMR Record of Proceedings (cont)	 AR20200000751


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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS


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