PROCEEDINGS

	IN THE CASE OF:       

	BOARD DATE:            6 March 2003
	DOCKET NUMBER:   AR2002079332

	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	
	Mr. Jessie B. Strickland		Analyst	

The following members, a quorum, were present:

	Mr. Walter T. Morrison		Chairperson	
	Ms. Linda D. Simmons		Member	
	Mr. Frank C. Jones II		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 he be paid separation pay for his service.

3.  The applicant states that he was discharged after serving 9 ½ years of active duty in the pay grade of a non-promotable E-4.

4.  The applicant’s military records show that he enlisted on 14 August 1991 for a period of 4 years, training as a record telecommunications center operator and the Army College Fund.  He successfully completed his training, was advanced to the pay grade of E-4 on 1 February 1995 and reenlisted on 20 March 1995 for a period of 3 years and assignment to Fort Gordon, Georgia.  He again reenlisted on 20 March 1997 for a period of 4 years and a selective reenlistment bonus.

5.  On 19 March 2001, he was honorably discharged due to completion of required service.  He had served 9 years, 7 months and 6 days of total active service and was issued a Separation Program Designator (SPD) of KBK.  He was issued a Reentry (RE) Code of RE-1.

6.  A review of his records shows that he was not in a promotable status nor was he eligible for reenlistment.

7.  Department of the Army Circular 635-92-1 outlines the eligibility criteria for separation pay.  It states, in pertinent part, that soldiers denied continuation on active duty under established Retention Control Point (RCP) provisions and separated at ETS are authorized full separation, pay provided the soldier has signed a Department of the Army Form 7154-R (Agreement to Join Ready Reserve) for a period of not less than 3 years.  The maximum RCP for personnel serving in the pay grade of E-4 was 10 years of AFS.  The minimum reenlistment authorized under the provisions of Army Regulation 601-208 is 2 years.

8.  Army Regulation 635-5-1 implements Department of Defense (DOD) policy for standardization of entries on the DD Form 214 and provides the separation codes to be used and the authorities and reasons for their usage and control.  It states, in pertinent part, that enlisted soldiers denied continued service who are separated at ETS will receive separation code “JBK” and an RE code of “3”.

9.  Army Regulation 601-210 provides an explanation of RE codes.  It states, in pertinent part, that RE Code “3” applies to persons who are not considered fully qualified for reentry or continuous service at the time of separation, but that the disqualification is waivable.

CONCLUSIONS:

1.  The evidence of record clearly shows that the applicant served until he reached the maximum RCP for his grade and was ineligible to reenlist for the minimum period of reenlistment.

2.  Accordingly, he was entitled to receive full separation pay and should have received a SPD Code of "JBK" and a RE Code of RE-3.  However, it appears that an administrative oversight resulted in his receiving a SPD Code of "KBK" and a RE Code of RE-1.

3.  Therefore, the Board finds that he should receive full separation pay for his service and his records should be corrected to reflect a SPD Code of "JBK" and a RE Code of "3".

4.  As a condition of receiving separation pay, the applicant must provide proof to the Defense Finance and Accounting Service (DFAS) to show that he has either enlisted in the Ready Reserve or has been otherwise denied enlistment, within 120 days of the action by this Board.  Failure to do so will negate his entitlement to separation pay.

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

RECOMMENDATION:  That all of the Department of the Army records related to this case be corrected by showing that the individual concerned was issued a SPD Code of "JBK", a RE Code of RE-3, and that he was entitled to full separation pay, provided that he enlist in the Ready Reserve for a period of not less than 3 years, within 120 days of the action by this Board or is denied enlistment in the Ready Reserve and provides proof to the DFAS to show that he has acted in good faith.

BOARD VOTE:  

__fcj____  __lds ___  __wtm___  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		___Walter T. Morrison____
		        CHAIRPERSON

INDEX

CASE ID	AR2002079332	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	2003/03/06	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	GRANT	
REVIEW AUTHORITY		
ISSUES         1.  291	128.0800/SEP PAY	
2.		
3.		
4.		
5.		
6.