IN THE CASE OF:  

		BOARD DATE:  23 April 2021

		DOCKET NUMBER:  AR20210005714


APPLICANT REQUESTS:  Correction of his DD Form 214 (Certificate of Release or 
Discharge from Active Duty) to show he was assigned a reenlistment eligibility (RE) 
code of "1" instead of "3."

APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD:

*	DD Form 149 (Application for Correction of Military Record) 

FACTS:

1.  The applicant did not file within the three-year time frame provided in Title 10, U.S. 
Code, section 1552(b); however, the Army Board for Correction of Military Records 
(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 his DD Form 214 shows an RE code of 3, however, he had 
stellar service and he earned the Army Good Conduct Medal (AGCM) and the Expert 
Field Medical Badge (EFMB).  He never received disciplinary action and he was fully 
eligible to reenlist upon separation.  

3.  The applicant enlisted in the Regular Army on 22 November 1977 for a period of 
three years and for training in military occupational specialty 91C (Patient Care 
Specialist).  

4.  The applicant's record shows he was awarded the AGCM and the EFMB.  

5.  The applicant was honorably released from active duty and transferred to the U.S. 
Army Reserve Control Group (Reinforcement) on 21 November 1980.  His 
DD Form 214 shows he was released from active duty under the authority of Army 
Regulation 635-200 (Personnel Separations – Enlisted Personnel), chapter 2, by reason 
of completion of required active service.  His DD Form 214 also shows he completed 
three years of active service and that he was assigned a separation code of "LBK" and 
RE code 3.

6.  The applicant's DA Form 2-1 (Personnel Qualification Record – Part II) contains in
item 4 (Assignment Considerations) the entry "not eligible for reenlistment SPD 
[Separation Program Designator] – LBK."  The reason for this entry on his 
DA Form 2-1 is unknown.  


BOARD DISCUSSION:

1.  After reviewing the application and all supporting documents, the Board found that 
relief is warranted.

2.  The Board found no evidence in the available service records indicating the 
applicant's release from active duty upon completion of his required active duty service 
was involuntary.  As such, the Board determined a preponderance of the evidence 
supports a recommendation to change his RE code to RE-1.


BOARD VOTE:

Mbr 1	Mbr 2	Mbr 3

:XX	:XX	:XX	GRANT FULL RELIEF

:	:	:	GRANT PARTIAL RELIEF

:	:	:	GRANT FORMAL HEARING

:	:	:	DENY APPLICATION




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 replacing the entry in item 
27 of his DD Form 214 with the entry "RE-1."

		  
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, U.S. Code, section 1552(b), provides that applications for correction of 
military records must be filed within three 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 three-year statute of limitations if the ABCMR determines it would 
be in the interest of justice to do so.

2.  Army Regulation 601-210 (Active and Reserve Components Enlistment Program) 
covers eligibility criteria for enlistment and processing into the Regular Army, Army 
Reserve, and Army National Guard.  This regulation provides that prior to discharge or 
release from active duty, individuals will be assigned RE codes based on their service 
records and the reason for separation.

3.  Army Regulation 601-280 (Army Reenlistment Program), in effect at the time, 
lists eligibility criteria and options available and covered uniform procedures for 
immediate reenlistment of persons serving in the Active Army.  Table 4-11 of the 
regulation in effect at the time provides a description of the RE codes.

	a.  RE-1 applies to Soldiers fully qualified for immediate reenlistment.

	b.  RE-3 applies to Soldiers not eligible for reenlistment unless waiver consideration 
is permissible and is granted.

4.  Army Regulation 635-5-1 (SPD Codes) prescribes the specific authorities and the 
reasons for the separation of members from active military service and the SPD codes 
to be used.  The regulation in effect at the time shows that the SPD code of LBK, as 
shown on the applicant's DD Form 214, is appropriate when the narrative reason for 
separation is completion of required service (expiration of term of service (ETS)) and 
the authority for discharge is Army Regulation 635-200, chapter 2.  Review of historical 
SPD/RE code cross-reference tables shows SPD code LBK applied to both voluntary 
and involuntary separations under Army Regulation 635-200, chapter 2, with voluntary 
separations receiving an RE code of 1.

//NOTHING FOLLOWS//
ABCMR Record of Proceedings (cont)	 AR20210005714


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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS


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