APPLICANT REQUESTS:  In effect, the applicant requests that his DD Form 214 (Certificate of Release or Discharge from Active Duty) be corrected to show his rank and pay grade as SSG (Staff Sergeant) E-6, vice SGT (Sergeant) E-5, that his date of rank (DOR) show 1 October 1989 [his DOR as SSG], and that the military education portion of his DD Form 214 show that he received training in telecommunications center operations and as a tactical communications systems operation/mechanic.  NOTE:  All the above were accomplished by issuing a DD Form 215 (Correction to DD Form 214) on 
8 February 1996.  The applicant also requests that his reentry code (3C) showing that he was involuntarily separated be changed. 

APPLICANT STATES:  The applicant enclosed a copy of orders dated 27 May 1993 from his unit in Germany assigning him to a transition point at Fort Dix, New Jersey, with a reporting date of 5 August 1993, and release from active duty on 
9 August.  That order shows his rank as SSG.

EVIDENCE OF RECORD:  The applicant's military records show:

The applicant entered on active duty on 24 June 1981 and served continuously until his discharge in 1993.  He received numerous awards, including two awards of the Army Commendation Medal, four awards of the Army Achievement Medal, and three awards of the Good Conduct Medal.  He served in Korea, Honduras, and Germany, among other assignments.  The applicant attained the rank of Staff Sergeant, having been promoted on 1 October 1989. 

Fort Dix orders dated 4 August 1993 show that the applicant was discharged on that date and that his rank was SGT.  An entry in the applicant’s Personnel Qualification Record, Part II, shows his rank and date of rank as SSG, 891001, respectively.  However, a succeeding entry, which has been partially erased, shows his rank as SGT, with a DOR of 930811. 

The applicant’s Personnel Qualification Record, Part I (computerized), shows his rank and date of rank as SGT, 930511, with those two entries crossed out in pen and ink, and replaced with the entries SSG, 891001.
Leave and earning statements (LES) obtained in the processing of this request, show his pay grade for the months of April and May 1993 as E-6, that his pay grade for the month of June 1993 as E-5, with a $768.00 deduction because of action taken under the UCMJ, that an entry on the LES indicates that his grade was changed on 930511, and that a fine/forfeiture was executed on that date.  His LES for July and August 1993 show his pay grade as E-5.

The applicant was discharged on 4 August 1993, under the provisions of Army Regulation 635-200, chapter 4, expiration of his term of service.  His separation code on his DD Form 214 is “JBK”, and his reentry code, “3C”.  The applicant’s rank and date of rank are shown as SGT E-5, 11 May 1993, respectively.  The applicant signed this document, attesting to its accuracy.

Army Regulation 635-200, chapter 4 states that an enlisted soldier will be separated upon expiration of his term of enlistment.  Army Regulation 635-5-1 prescribes the policy for standardization of separation program designator (SPD) codes.  SPD codes are three-character alphabetic combinations which identify reasons for, and types of, separation from active duty.  Table C-3 of that regulation concerns enlisted soldiers who were involuntarily discharged, and SPD code “JBK” identifies an enlisted soldier discharged under the provisions of Army Regulation 635-200, Chapter 4, for completion of required active service, who is ineligible for, barred from, or otherwise denied reenlistment.

Pertinent Army regulations provide 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.  Army Regulation 601-210 covers eligibility criteria, policies, and procedures for enlistment and processing into the Regular Army (RA) and the US Army Reserve.  Chapter 3 of that regulation prescribes basic eligibility for prior service applicants for enlistment.  That chapter includes a list of armed forces RE codes, including RA RE codes.  RE 3C applies to persons who do not meet the reentry grade and service criteria for reenlistment, and states that those persons are ineligible for enlistment unless a waiver if granted.  
    
DISCUSSION:  Considering all the evidence, allegations, and information presented by the applicant, together with the evidence of record, applicable law and regulations, and advisory opinion(s), it is concluded:

1.  In the absence of evidence to the contrary, it is presumed that the applicant’s discharge at the time of the expiration of his term of service was correct, and that he was ineligible or barred from reenlistment for some good reason.   

2.  The applicant’s rank and date of rank on his personnel qualification records appear to have been altered to indicate that he was a SSG E-6 with a date of rank of 
1 October 1989.  Nevertheless, orders discharging him show his rank as SGT as does his DD Form 214, which he signed, which also shows his date of rank as 11 May 1993.  The final bits of evidence, his LES of June 1993, showing a change of grade on 11 May 1993, and his LES of July and August 1993 that show he was paid as a SGT E-5, are convincing.  The Board notes that the applicant is not asking for a reimbursement of pay for the aforementioned months.  The applicant’s rank and pay grade at the time of his discharge was SGT E-5.

3.  The applicant’s DD Form 214 has been corrected to show 
the military education courses that he completed.

4.  The applicant has submitted neither probative evidence nor a convincing argument in support of his request.   

5.  In order to justify correction of a military record the applicant must show to the satisfaction of the Board, or it must otherwise satisfactorily appear, that the record is in error or unjust.  The applicant has failed to submit evidence that would satisfy the aforementioned requirement.

6.  In view of the foregoing, there is no basis for granting the applicant’s request.

DETERMINATION:  The applicant has failed to submit sufficient relevant evidence to demonstrate the existence of probable error or injustice.

NOTE:  The 8 February 1996 DD Form 215 which changed the applicant’s rank, pay grade, and date of rank, is erroneous. The ARBA Support Division Promulgation Team at St. Louis will issue a correction to show that the applicant was a SGT E-5, with a DOR of 11 May 1993, at the time of his discharge on 4 August 1993.

BOARD VOTE:

                       GRANT          

                       GRANT FORMAL HEARING

                       DENY APPLICATION




						Karl F. Schneider
						Acting Director