BOARD DATE: 12 September 2017 DOCKET NUMBER: AR20150019007 BOARD VOTE: ____x____ ____x____ ___x_____ GRANT FULL RELIEF ________ ________ ________ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING ________ ________ ________ DENY APPLICATION 2 Enclosures 1. Board Determination/Recommendation 2. Evidence and Consideration BOARD DATE: 12 September 2017 DOCKET NUMBER: AR20150019007 BOARD DETERMINATION/RECOMMENDATION: The Board determined the evidence presented is sufficient to warrant a recommendation for relief. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by amending his DD Form 214 to show his separation code as "MBK" and his reentry code as "1." _____________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. BOARD DATE: 12 September 2017 DOCKET NUMBER: AR20150019007 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) to show his reentry (RE) code as "1." 2. The applicant states his RE code is "3," which means he cannot come back into the Army without a waiver. There is no documentation that clarifies why he received this RE code. He is requesting his RE code be upgraded to "1." He was honorably discharged from active service after a full term of 8 years and he has 100 percent (%) of his benefits. He believes his RE code is a clerical error and he would like it changed so that he can come back into the armed forces without a waiver. 3. The applicant provides a copy of his DD Form 214. 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 12 March 2003. After a second reenlistment on 14 August 2008, his expiration term of service (ETS) date was established as 13 August 2010. 3. The applicant was honorably released from active duty on 13 August 2010 and was transferred to the U.S. Army Reserve Control Group (Reinforcement). His DD Form 214 shows he was released under the provisions of Army Regulation 635-200 (Active Duty Enlisted Administrative Separations), chapter 4. His DD Form 214 further shows in: * item 24 (Character of Service): "Honorable" * item 26 (Separation Code): "LBK" * item 27 (Reentry Code): "3" * item 28 (Narrative Reason for Separation): "Completion of required active service" 4. The applicant's record is void of a separation packet. Additionally, his record is void of evidence that shows he was denied reenlistment, signed a declination of continued service statement (DCSS), or was reported absent without leave (AWOL) during his period of service. REFERENCES: 1. Army Regulation 635-200 sets forth the basic authority for the separation of enlisted personnel. a. Chapter 4 establishes policy and prescribes procedures for discharge or release of members from active duty upon termination of enlistment and other periods of active duty or active duty training. b. A Soldier enlisted or ordered to active duty normally will be discharged or released from active duty on the date he/she completes the period for which enlisted or ordered to active duty. c. A Soldier being separated upon expiration of enlistment or fulfillment of service obligation will be awarded a character of service of honorable, unless the Soldier is in entry-level status and service is uncharacterized. 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 U.S. Army Reserve. It stated that individuals would be assigned RE codes based on their service records or the reason for discharge prior to discharge or release from active duty. Table 3-1 included a list of Regular Army RE codes. * RE code "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 * RE code "2" applies to Soldiers separated prior to the effective date of this regulation and will not be used * RE code "3" applies to Soldiers who are not considered fully qualified for reentry or continuous service at time of separation, but disqualification is waivable; they are ineligible unless a waiver is granted * RE code "4" applies to Soldiers separated from their last period of service with a non-waivable disqualification 3. Army Regulation 635-5-1 (Separation Program Designator (SPD) Codes) states that SPD codes are three-character alphabetic combinations that identify reasons for and types of separation from active duty. a. The SPD code "LBK" is the correct code for Soldiers involuntarily separating under Army Regulation 635-200, chapter 4, for completion of their required active service; however, it is to be used for Regular Army Soldiers ineligible for, barred from, or otherwise denied reenlistment that are separated on completion of enlistment. b. The SPD code "MBK" is the correct code for Soldiers voluntarily separating under Army Regulation 635-200, chapter 4, for completion of their required active service. It is to be used for Regular Army Soldiers eligible to reenlist or with a DCSS in force who are discharged on completion of enlistment. 4. The SPD/RE Code Cross Reference Table provides instructions for determining the applicable RE code for separating Regular Army and Reserve Component Soldiers. This cross reference table shows the SPD code and a corresponding RE code. a. The table in effect at the time of the applicant's discharge shows that SPD code "LBK" was assigned a corresponding RE code of "3." b. The table in effect at the time of the applicant's discharge shows that SPD code "MBK" was assigned a corresponding RE code of "1." DISCUSSION: 1. The evidence of record confirms he reenlisted for 2 years on 14 August 2008; therefore, his ETS date was established as 13 August 2010. Accordingly, his DD Form 214 shows he was released from active duty under the provisions of Army Regulation 635-200, chapter 4, by reason of completion of required active service. 2. The applicant voluntarily separated on his ETS date. The applicant's DD Form 214 shows he was issued the separation code "LBK" upon his release from active duty. 3. The separation code "LBK" is the correct code for Soldiers involuntarily separated under Army Regulation 635-200, chapter 4, and corresponds with the RE code "3." Regulatory guidance provides that the RE code "3" is issued to Soldiers who are denied reentry into the military without a waiver. 4. The separation code "MBK" is the correct code for Soldiers who are voluntarily separated without being denied further service, and corresponds with the RE code "1." Regulatory guidance provides that the RE code "1" is issued to Soldiers who are authorized reentry into the military without a waiver. 5. The applicant's record is void of documentation that shows he was denied reenlistment, signed a DCSS, or was otherwise involuntarily separated on his ETS date. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20150011850 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20150019007 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2