1. Applicant's Name: a. Application Date: 31 October 2018 b. Date Received: 6 September 2018 c. Counsel: None 2. REQUEST, ISSUES, BOARD TYPE, AND DECISION: The applicant requests a reentry eligibility (RE) code change. The applicant seeks relief contending, in effect, the documents provided regarding the UCMJ charges, reflect the charges were dismissed and the applicant was found not guilty. Since discharge, the applicant has had a record of good behavior and continuing training. The applicant has completed 10 years of service and desires to continue to serve. Per the Board's Medical Officer, a voting member, based on the information available for review at the time in the service record, the Armed Forces Health Longitudinal Technology Application (AHLTA), and Joint Legacy Viewer (JLV), notes indicate diagnoses of Adjustment Disorder. The applicant does not have any BH diagnoses from the VA. In summary, the applicant does not have a BH diagnosis that is mitigating for the misconduct which led to separation from the Army. In a records review conducted at Arlington, VA on 20 March 2020, and by a 5-0 vote, the Board denied the request upon finding the separation was both proper and equitable. (Board member names available upon request) 3. DISCHARGE DETAILS: a. Reason / Authority / Codes / Characterization: Completion of Required Active Service / AR 635-200 / Chapter 4 / LBK / RE-3 / Honorable b. Date of Discharge: 5 December 2009 c. Separation Facts: (1) Date of Notification of Intent to Separate: 19 October 2009 (2) Basis for Separation: Completion of Required Active Service (3) Recommended Characterization: NA (4) Legal Consultation Date: NA (5) Administrative Separation Board: NA (6) Separation Decision Date / Characterization: 19 October 2009 / Orders 292- 0001, reflects the applicant was reassigned to the U.S. Army transition point for transition process. He was released from active duty effective: 5 December 2009. 4. SERVICE DETAILS: a. Date / Period of Enlistment: 19 July 2007 / 2 years, 20 weeks b. Age at Enlistment / Education / GT Score: 20 / HS Graduate / 96 c. Highest Grade Achieved / MOS / Total Service: E-2 / 92G10, Food Service Specialist / 2 years, 4 months, 17 days d. Prior Service / Characterizations: None e. Overseas Service / Combat Service: Korea / None f. Awards and Decorations: NDSM, GWOTSM, KDSM, ASR, OSR g. Performance Ratings: NA h. Disciplinary Action(s) / Evidentiary Record: Orders 292-0001, dated 19 October 2009, reflects the applicant was order to report to the transition point. The applicant was released from active duty not by reason of physical disability. The date of his release from active duty unless / changed or rescinded: 5 December 2009. The applicant was transferred to the USAR Control Group (REINF) with a Terminal date of Reserve obligation of 10 July 2015. Enlisted Record Brief (ERB), dated 8 September 2009, reflects a reenlistment prohibition code of "9X", which indicates the applicant was barred from reenlistment for "Other (prohibitions not otherwise identified)." The Expiration Term of Service (ETS) date reflects: 5 December 2009. The applicant's DD Form 214, reflects he was transferred to the USAR Control Group and he with a Reserve Obligation Termination Date of 10 July 2015. Block 14, Remarks, reflects "Member has completed first full term of service." i. Lost Time / Mode of Return: None j. Diagnosed PTSD / TBI / Behavioral Health: None 5. APPLICANT-PROVIDED EVIDENCE: DD Form 149; DD Form 214; General Court-Martial Order Number 7; Award of the Armed Forces Reserve Medal (AFRM) (memo). 6. POST SERVICE ACCOMPLISHMENTS: The applicant provided evidence that he was awarded the AFRM, while serving in the USAR. 7. REGULATORY CITATION(S): Army Regulation 635-200 sets forth the basic authority for the separation of enlisted personnel. Chapter 3, paragraph 3-7, establishes the types of administrative discharges/character of service. An honorable discharge is a separation with honor. The honorable characterization is appropriate when the quality of the Soldier's service generally has met the standards of acceptable conduct and performance of duty for Army personnel or is otherwise so meritorious that any other characterization would be clearly inappropriate. Only the honorable characterization may be awarded a Soldier upon completion of his/her period of enlistment or period for which called or ordered to AD or ADT or where required under specific reasons for separation, unless an entry-level status separation (uncharacterized) is warranted. Chapter 4, establishes the policies and procedures for separating a Soldier upon expiration of enlistment of fulfillment of service obligation. The periods of military service required of all Army Soldiers will be in accordance with applicable laws. Periods for which enlistment is authorized are in NGR 600-200, AR 140-111, and AR 601-210. Periods for which Soldiers are ordered to AD are prescribed by law. Soldier enlisted or ordered to AD normally will be discharged or released from AD on the date he/she completes the period for which enlisted or ordered to AD. Personnel released from AD and transferred to the USAR upon completion of the term of service for which ordered into active Federal service, or released to their Reserve Component upon completion of AD. These Soldiers will not be discharged until completion of their reserve obligation. Paragraph 4-5, states, 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. Army Regulation 635-5-1 (Separation Program Designator (SPD) Codes) provides the specific authorities (regulatory or directive), reasons for separating Soldiers from active duty, and the SPD codes to be entered on the DD Form 214. It identifies the SPD code of "LBK" as the appropriate code to assign enlisted Soldiers who are discharged under the provisions of Army Regulation 635-200, Chapter 4, for completion of required active service, who are involuntarily REFRAD or transferred and who are ineligible for, barred from, or otherwise denied reenlistment that are separated on completion of enlistment. The SPD Code/RE Code Cross Reference Table shows that a Soldier assigned an SPD Code of "LBK" will be assigned an RE Code of 3. 8. DISCUSSION OF FACT(S): The applicant requests a reentry eligibility (RE) code change. The applicant's record of service, the issues and documents submitted with his application were carefully reviewed. The record confirms that the applicant's discharge was appropriate because the quality of his service was consistent with the Army's standards for acceptable personal conduct and performance of duty by military personnel. The applicant's record is void of the specific facts and circumstances concerning the events which led to his discharge from the Army. However, the applicant's record does contain a properly constituted DD Form 214 (Certificate of Release or Discharge from Active Duty). The DD Form 214 indicates the applicant was discharged under the provisions of AR 635-200, Chapter 4, by reason of Completion of Required Active Service, with a characterization of service of Honorable. Barring evidence to the contrary, it appears that all requirements of law and regulation were met and the rights of the applicant would have been protected throughout the separation process. The evidence of the record reflects that the applicant entered Active Duty on 19 July 2007, for a period of 2 years and 20 weeks. At the time of the applicant's discharge, the applicant had served 2 years, 4 months and 17 days on Active Duty. The applicant's official service record reflects no acts of misconduct or derogatory information. Upon the applicant's separation from Active Duty, he was transferred to the USAR Control Group to serve his remaining service obligation until 10 July 2015. The applicant contends the UCMJ charges were dismissed and he was found not guilty and now his RE code should be changed to reflect a "1." The service record confirms the applicant had completed the period for which he was ordered to Active Duty, however, the applicant was barred from reenlistment at the time of his separation. Soldiers processed for separation under this provision will be assigned a Narrative Reason for Separation of Completion of Required Active Service. Further, the Soldier will be assigned an SPD Code of LBK and an RE Code of 3. Moreover, if the applicant desires to rejoin active duty, an RE Code of 3 indicates the applicant requires a waiver prior to being allowed to reenlist. If reenlistment is desired, the applicant should contact a local recruiter to determine eligibility to reenlist. Recruiters can best advise a former service member as to the needs of the Army at the time, and are required to process waivers of reentry eligibility (RE) codes if appropriate. The record does not contain any indication or evidence of arbitrary or capricious actions by the command and all requirements of law and regulation were met and the rights of the applicant were fully protected throughout the separation process. The character of the applicant's discharge is commensurate with his overall service record. The burden of proof remains with the former Soldier to provide the appropriate documents such as the discharge packet or other evidence sufficient to explain the facts, circumstances, and reasons underlying the separation action, for the Board's consideration. If the applicant desires a personal appearance hearing, it is his responsibility to meet the burden of proof since the discharge packet is not available in the official record. Based on the available record, the discharge was consistent with the procedural and substantive requirements of the regulation, was within the discretion of the separation authority and that the applicant was provided full administrative due process. 9. BOARD DETERMINATION: In a records review conducted at Arlington, VA on 20 March 2020, and by a 5-0 vote, the Board denied the request upon finding the separation was both proper and equitable. 10. BOARD ACTION DIRECTED: a. Issue a New DD-214 / Issue a New Separation Order: No b. Change Characterization to: No Change c. Change Reason to: No Change d. Change Authority to: No Change e. Change SPD / RE Code to: No Change Authenticating Official: Legend: AWOL - Absent Without Leave GD - General Discharge NCO - Noncommissioned Officer SCM - Summary Court Martial BCD - Bad Conduct Discharge HS - High School NIF - Not in File SPCM - Special Court Martial BH - Behavioral Health HD - Honorable Discharge NOS - Not Otherwise Specified SPD - Separation Program Designator CG - Company Grade Article 15 IADT - Initial Active Duty Training OAD - Ordered to Active Duty TBI - Traumatic Brain Injury CID - Criminal Investigation Division MP - Military Police OMPF - Official Military Personnel File UNC - Uncharacterized Discharge ELS - Entry Level Status MST - Military Sexual Trauma PTSD - Post-Traumatic Stress Disorder UOTHC - Under Other Than Honorable Conditions FG - Field Grade Article 15 NA - Not applicable RE - Reentry VA - Veterans Affairs ARMY DISCHARGE REVIEW BOARD CASE REPORT AND DIRECTIVE AR20180012595 1