IN THE CASE OF: BOARD DATE: 29 September 2011 DOCKET NUMBER: AR20110006461 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 her DD Form 214 (Certificate of Release or Discharge from Active Duty) as follows: * show her US Army Reserve (USAR) service * correct her reentry (RE) code 2. The applicant states: * she served 4 years on active duty and 3 years in the USAR * she wants to reenlist and needs her RE "3" code changed to RE "1" 3. The applicant provides: * her DD Form 214 * orders, dated 18 January 2007, transferring her from the USAR Control Group (Reinforcement) to a USAR Troop Program Unit (TPU) * orders, dated 16 July 2010, discharging her from the USAR * her Chronological Statement of Retirement Points, dated 29 March 2011 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 for 4 years on 29 January 2002. She was trained in, awarded, and served in military occupational specialty (MOS) 91W (Health Care Specialist). 3. The applicant's Enlisted Records Brief (ERB) shows she was promoted through the ranks to specialist (SPC/E-4) on 1 August 2003. 4. The applicant's DD Form 214 shows she was released from active duty (REFRAD) on 25 February 2006. It also shows: * her rank was private (PVT/E-1) * she was REFRAD under the provisions of Army Regulation 635-200, chapter 4 by reason of "completion of required active service" * her separation (SPD) code was "LBK" * her RE code was "3" * she had 28 days of lost time from 12 August – 8 September 2005 5. Army Regulation 635-5 (Separation Documents) prescribes the separation documents that must be prepared for soldiers on retirement, discharge, release from active duty service, or control of the Active Army. It establishes standardized policy for preparing and distributing the DD Form 214. The DD Form 214 is a summary of a Soldier’s most recent period of continuous active duty. It provides a brief, clearcut record of active duty service at the time of release from active duty, retirement, or discharge. USAR time is referred to as inactive service, and only inactive service PRIOR to the period of the DD Form 214 is included [emphasis added]. 6. Army Regulation 635-5-1 (SPD Codes) states that the SPD codes are three-character alphabetic combinations which identify reasons for and types of separation from active duty. The primary purpose of SPD codes is to provide statistical accounting of reasons for separation. They are intended exclusively for the internal use of the Department of Defense and the Military Services to assist in the collection and analysis of separation data. The SPD code of "LBK" is the correct code for Soldiers being REFRAD under the provisions of Army Regulation 635-200, chapter 4 by reason of completion of required active service. 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 shows the SPD code and corresponding RE code. The SPD code of "LBK" has a corresponding RE code of 3. DISCUSSION AND CONCLUSIONS: 1. The applicant wants her RE code changed and her post-active service USAR service shown on her DD Form 214. 2. The applicant was once a SPC, but she was REFRAD as a PVT. Her records show she had 28 days of lost time in 2005. 3. The applicant's records do not contain all of the documents pertaining to her REFRAD; however, it is presumed her chain of command do not want her to return to active service and applied the proper SPD and RE codes to accomplish that goal. 4. The applicant's SPD code is "LBK" and the corresponding RE code of 3 are correct for a Soldier being involuntarily REFRAD under the provisions of chapter 4, Army Regulation 635-200. 5. As for the applicant's post-active service USAR time, Army Regulation 635-5 does not permit changing a DD Form 214 to add any information that occurs post-active service period defined by the DD Form 214. 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) AR20110006461 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20110006461 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1