PROCEEDINGS

	IN THE CASE OF:  

	BOARD DATE:  28 March 2002
	DOCKET NUMBER:  AR2001064300

	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. Joyce A. Wright		Analyst	

  The following members, a quorum, were present:

	Mr. Fred N. Eichorn		Chairperson	
	Mr. Thomas Lanyi		Member	
	Mr. Lester Echols		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)

FINDINGS:

1.  The applicant has exhausted or the Board has waived the requirement for exhaustion of all administrative remedies afforded by existing law or regulations.

2.  The applicant requests that his Reentry (RE) Code of “4” be changed to 
RE “1.”

3.  The applicant states that he was given the wrong RE Code.  In support of his application, he submits a copy of his DD Form 214 (Certificate of Release or Discharge from Active Duty).

4.  The applicant’s military records show he enlisted on 12 March 1986, as a unit supply specialist.  

5.  The applicant’s records contain a DA Form 4187 (Personnel Action), dated 10 December 1990, which shows that he was reduced from SGT/E-5 to SPC/E-4
effective 3 November 1990. 

6.  He continued to serve until he was honorably released from active duty on 29 March 1992, under the provisions of Army Regulation 635-200, chapter 4, due to expiration of term of service.  He had completed 6 years and 18 days of creditable service.  He was issued an RE Code of “4” and a separation program designator (SPD) code of “LBK.”  He was paid $8,404.56 separation pay.

7.  Pertinent Army regulations provide that prior to discharge or release from active duty, individuals will be assigned reentry 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 US Army Reserve.  Chapter 3 of that regulation prescribes basic eligibility for prior service applicants for enlistment. That chapter includes a list of Armed Forces reentry codes, including RA RE codes.

8.  RE-4 applies to persons not qualified for continued service by virtue of being separated from the service with non-waivable disqualifications such as persons with a HQDA bar to reenlistment.

9.  RE-1 applies to persons completing their expiration of term of service (ETS) who are considered qualified to reenter the Army.

10.  RE-3 applies to persons not qualified for continued Army service, but the disqualification is waivable.  Certain persons who have received nonjudical punishment are so disqualified, as are persons with bars to reenlistment, and those discharged under the provisions of chapters 9, 10, 13, 14, and 16 of Army Regulation 635-200.

11.  Army Regulation 635-5-1 prescribes the specific authorities (regulatory, statutory, or other directives), the reasons for the separation of members from active military service, and the SPD to be used for these stated reasons.  The regulation shows that the SPD of “LBK” as shown on the applicant’s DD Form 214 is appropriate for involuntary release from active duty (REFRAD) or transfer
when the narrative reason for discharge is “Completion of Required Active Service” (the same as expiration of term of service).  The SPD code of “MBK” is appropriate when individuals are voluntarily REFRAD or transferred under the same authority.

12.  The SPD/RE Code Cross Reference Table, dated March 2001, provides
instructions for determining the RE code for Active Army soldiers and Reserve Component soldiers separated for cause.  It also shows the SPD code with a corresponding RE code and states that more than one RE code could apply.  The soldier’s file and other pertinent documents must be reviewed in order to make a final determination.  The SPD code of “LBK” has a corresponding RE code of “3” and the SPD code of “MBK” has a corresponding RE code of “1 or 3.”

CONCLUSIONS:

1.  The evidence of record shows that the applicant was reduced from SGT/E-5 to SPC/E-4 effective 3 November 1990, which disqualified him for reentry.  Therefore, he is not entitled to correction of his DD Form 214 to show an RE Code of RE “1.”

2.  The applicant was involuntarily released from active duty under the provisions of Army Regulation 635-200, chapter 4 and was issued an SPD Code of “LBK” with a corresponding RE Code of “RE 4”, which was incorrect.

3.  The Board notes that under Army Regulation 635-5-1, the SPD code for involuntary REFRAD or transfer to the USAR is “LBK” with a corresponding RE code of “RE 3.”  However, the applicant was issued the SPD code of “LBK” and 
an RE code of RE “4” instead of an RE code of “3.”  Therefore, he is entitled to correction of item 27 (Reentry Code) of his DD Form 214 to show the entry “3.”

4.  In view of the foregoing, the applicant’s records should be corrected as recommended below.

RECOMMENDATION:

1.  That all of the Department of the Army records related to this case for the individual concerned be corrected by showing in item 27 (Reentry Code) of his DD Form 214 the entry “3.”

2.  That so much of the application as is in excess of the foregoing be denied.

BOARD VOTE:  

__fe___  __tl____  ___le____  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		___Fred N. Eichorn___
		        CHAIRPERSON

INDEX

CASE ID	AR2001064300	
SUFFIX		
RECON		
DATE BOARDED	20020328	
TYPE OF DISCHARGE	HD)	
DATE OF DISCHARGE	19920329	
DISCHARGE AUTHORITY	AR 635-200 C, 4	
DISCHARGE REASON		
BOARD DECISION	GRANT	
REVIEW AUTHORITY		
ISSUES         1.  4		
2.		
3.		
4.		
5.		
6.