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ARMY | BCMR | CY1997 | 1997002298
Original file (1997002298.rtf) Auto-classification: Approved
PROCEEDINGS


         IN THE CASE OF:
        

         BOARD DATE: 25 February 1999
         DOCKET NUMBER: AC97-05197
                                    AR1997002298


         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. Loren G. Harrell Director
Ms. Gale Thomas Analyst


The following members, a quorum, were present:

Mr. James M. Alward Chairperson
Ms. Jennifer L. Prater Member
Mr. Samuel Calderon 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 her records be corrected by changing her DD Form 214 (Report of Separation) item 11 (Primary Specialty) to reflect her award of Military Occupational Specialty (MOS) of 31D (Transmission Systems Operator); that item 14 (Military Education) reflect that she completed an 8 weeks Transmission Systems Course; and that item’s 26 (Separation Code) and 27(Reentry Code) reflect the correct codes.

3. The applicant states that items 11 and 14 should reflect that she was awarded MOS 31D, and that she completed the Transmission Systems Operator Course; and that items 26 and 27 are incorrect because she feels her conduct in basic training and advanced individual training (AIT) did not justify the separation code she was given, and that her reentry code is not justifiable.

4. The applicant’s military records show that she enlisted in the Regular Army on 18 November 1993, for a period of 4 years.

5. On 13 April 1994, she completed an 8 weeks Transmission Systems Operator Course.

6. On 14 April 1994, her commander initiated action to discharge her from the Army, under the provisions of Army Regulation 635-200, chapter 11, Entry Level Status Performance and Conduct, for Army Physical Fitness Test (APFT) failure.
The applicant acknowledged notification of her proposed separation and elected not to consult with consulting counsel, nor submit statements in her own behalf.

7. On 25 April 1994, she was awarded the military occupational specialty (MOS) of 31D.

8. On 5 May 1994, the appropriate separation authority approved the applicant’s entry level separation under the above cited regulation, and directed the issuance of the separation program designator (SPD) code of JGA (entry level separation), and Reentry code (RE-code) of 3, with the characterization of service as uncharacterized.

9. The applicant was discharged on 13 May 1994, under the provisions of the above cited regulation. Her Report of Separation indicates she had 5 months, and 26 days of creditable service.







10. Pertinent Army regulations provide that prior to discharge or release from active duty, individuals will be assigned Reentry Codes (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 Reserves. 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 Code 3, applies to persons not qualified for continued Army service, but the disqualification is waivable.

11. Army regulation 635-5-1 (Separation Program Designator (SPD) Codes) states that SPD codes are three character alphabetic combinations which identify reasons for, and types of separation from active duty. The sole purpose of SPD codes is to provide statistical accounting of reasons for separation. Code JGA applies to individuals involuntarily separated under the provisions of Army Regulation 635-200, chapter 11, as a result of entry level performance or conduct.

CONCLUSIONS:

1. The evidence of record shows that the applicant completed the required training and was awarded the MOS of 31D; and that she completed an 8 weeks Transmission Systems Operator Course; therefore she is entitled to have that information reflected on her DD Form 214.

2. The applicant was assigned the correct SPD code of JGA, and RE code 3, therefore no changes are required to items 26 and 27 of her DD Form 214.

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

RECOMMENDATION:

1. That all of the Department of the Army records related to this case be corrected by changing the applicant’s DD Form 214 to reflect in:

a. Item 11, award of MOS 31D (Transmission Systems Operator) for 1 month; and,

b. Item 14, completion of an 8 weeks Transmission Systems Operator Course during period 16 February to 13 April 1994.




2. That so much of the application as is in excess of the foregoing be denied.

BOARD VOTE:

___jma__ __jlp___ __sc______ GRANT AS STATED IN RECOMMENDATION

________ ________ ________ GRANT FORMAL HEARING

________ ________ ________ DENY APPLICATION




                  ______________________
                  CHAIRPERSON



INDEX

CASE ID AC97-05194/AR1997002298
SUFFIX
RECON YYYYMMDD
DATE BOARDED 19990225
TYPE OF DISCHARGE (HD, GD, UOTHC, UD, BCD, DD, UNCHAR)
DATE OF DISCHARGE YYYYMMDD
DISCHARGE AUTHORITY AR . . . . .
DISCHARGE REASON
BOARD DECISION (NC, GRANT , DENY, GRANT PLUS)
REVIEW AUTHORITY
ISSUES 1. 110.00
2.
3.
4.
5.
6.


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