IN THE CASE OF:	  

		BOARD DATE:	        23 December 2008

		DOCKET NUMBER:  AR20080016741 


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 specifically requests correction of his reenlistment eligibility (RE) code from “RE-1” to “RE-3” and his Separation Designator Code (SPD) from “KBK” to “JBK.”

2.  The applicant states, in effect, that his RE and SPD codes are incorrectly shown on his DD Form 214 (Certificate of Release or Discharge from Active Duty).  

3.  The applicant provides a copy of memorandum, dated 20 April 1999, in support of his application.

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's records show he initially enlisted in the Army National Guard (ARNG) on or around 8 January 1982.  He subsequently entered active duty for training (ADT) on 17 May 1982, completed basic combat and advanced individual training, and was awarded military occupational specialty (MOS) 63B (Power Generator and Wheeled Vehicle Mechanic).  He was honorably released from ADT to the control of his ARNG unit on 20 October 1982.  The highest rank/grade he attained during his military service was private (PVT)/E-1.  

3.  The applicant's records also show he enlisted in the Regular Army for a period of 4 years on 12 August 1983.  He subsequently executed a series of reenlistments in the Regular Army, including a 4-year reenlistment on 5 March 1987, a 5-year reenlistment on 2 May 1991, a 2-year reenlistment on 6 February 1996, and a 3-year reenlistment on 12 December 1997.  He was promoted to sergeant (SGT) on 7 August 1987.

4.  On 5 February 1998, the applicant was honorably discharged in accordance with chapter 4 of Army Regulation (AR) 635-200 (Personnel Separations) for completion of required active service with entitlements to full involuntary separation pay.  The DD Form 214 he was issued shows his rank/grade at the time of discharge as that of SGT/E-5 and that he completed a total of 14 years, 10 months, and 28 days of active duty service.  Item 26 (Separation Code) of this form shows the entry “KBK” and Item 27 (Reentry Code) shows the entry “RE-1.

5.  On 20 April 1999, by memorandum addressed to the Commander, "Reserve Components Personnel and Administration Center," (actually designated the      U. S. Army Reserve Personnel Command at the time) St. Louis, Missouri, the Chief, Transition Services Office, 18th Soldier Support Group (Airborne), Fort Bragg, North Carolina, requested the applicant’s DD Form 214 be corrected to show his SPD code as “JBK” vice “KBK” and his RE-code as “RE-3” vice “RE-1.” However, there is no indication the U. S. Army Reserve Personnel Command received this memorandum and/or acted upon it.

6.  AR 635-200, in effect at the time, set forth the basic authority for the separation of enlisted personnel.  Chapter 4 established policy and prescribed procedures for separating members for completion of required active service.  This regulation states, in pertinent part, that prior to discharge or release from active duty, individuals will be assigned RE codes, based on their service records or the reason for discharge.  AR 601-210 (Regular Army and Army Reserve Enlistment Program), covers eligibility criteria, policies, and procedures for enlistment and processing into the Regular Army (RA) and the US Army Reserve.  Table 3-1 included a list of the RA RE codes:

	a.  RE–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.

	b.  RE-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. 

7.  AR 635-5-1 (Separation Program Designator 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 DOD and the military services to assist in the collection and analysis of separation data.  The regulation in effect at the time stated, in pertinent part, that the SPD Code of "KBK" was used when the authority for voluntary discharge is AR 635-200, chapter 4, due to "Completion of Required Service" for Regular Army Soldiers eligible to reenlist, who are discharged on completion of enlistment.  The SPD Code of "JBK" was used when the authority for involuntary discharge is AR 635-200, chapter 4, due to "Completion of Required Active Service" for Regular Army Soldiers ineligible for, barred from, or otherwise denied reenlistment, who are separated upon completion of enlistment. 

8.  Table 2-3 (SPD/RE Code Cross Reference Table) of AR 635-5 (Separation Documents) establishes the RE codes to be used based on the appropriate SPD code.  In this case, the cross reference table shows that a RE code “3” is assigned when the SPD is "JBK."

9.  Department of the Army Circular 635-92-1 outlines the eligibility criteria for separation pay.  It provides, in pertinent part, that full separation pay is authorized for Soldiers who are fully qualified for retention but are denied reenlistment under established retention control point (RCP) provisions and are separated on the expiration of their term of service (ETS), after having served at least 6 years of active duty service.  A Soldier who is ineligible for reenlistment due to RCP is not required to request extension up to the RCP as a prerequisite for separation pay.  Soldiers who are eligible to reenlist and separate at the expiration of their term of service are not eligible for separation pay. 

10.  AR 601-280 (Total Army Retention Program) provides the retention RCP for all enlisted pay grades.  It provides, in pertinent part that the RCP is an up or out measure and each rank in the Army has a RCP.  A Soldier must be promoted or selected for promotion for the next higher grade prior to reaching their current rank RCP.  The RCP for the rank of sergeant at the time of the applicant’s separation was 15 years of active Federal service. 

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that his RE and SPD codes should be corrected on his DD Form 214.

2.  The evidence of record confirms that the applicant was involuntarily discharged with entitlement to separation pay for reaching his RCP as a SGT.  However, his DD Form 214 incorrectly lists his SPD and RE codes.  An attempt was made by the Transition Center to correct the RE and SPD codes; however, there is no indication that a correction was made.

3.  While it is not the Board’s practice to change a record when the end result will cause an applicant to be worse off than when they began the appeals process, in an honest attempt to set the record straight, the applicant in this case wishes to correct his record to reflect his RE and SPD codes accurately and he specifically requested the correction.  This appears to be a noble request.  Therefore, in the interest of justice, the applicant is entitled to relief.  

BOARD VOTE:

___X____  ___X____  ___X____  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The Board determined that the evidence presented was 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:

	a.  deleting the entry "KBK from Item 26 of his DD Form 214 and replacing it with the entry "JBK"; and


	b.  deleting the entry "1" from Item 27 of his DD Form 214 and replacing it with the entry "3." 



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               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)                                         AR20080016741



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ABCMR Record of Proceedings (cont)                                         AR20080016741



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