| Mr. Carl W. S. Chun | Director | |
| Mr. Joseph A. Adriance | Analyst |
| Ms. JoAnn H. Langston | Chairperson | |
| Mr. George D. Paxson | Member | |
| Mr. Donald P. Hupman, Jr. | Member |
APPLICANT REQUESTS: In effect, that his Separation Program Designator (SPD)and Reentry (RE) codes contained on his Department of Defense (DD) Form 214 (Certificate of Release or Discharge from Active Duty) be changed and upgraded.
APPLICANT STATES: In effect, that he received an improper SPD code based on traffic felonies that he did not commit while on active duty and this resulted in his receiving an inappropriate RE code.
EVIDENCE OF RECORD: The applicant's military records show:
He entered active duty on 18 November 1983 and served for three years until being honorably discharged, by reason of expiration of term of service (ETS), on 17 November 1986.
The applicant’s Military Personnel Records Jacket (MPRJ) contains a copy of a Department of the Army (DA) Form 4126-R (Bar to Reenlistment Certificate), which was approved on 7 April 1986. This document confirms that the bar to reenlistment was imposed on the applicant based on his record of nonjudicial punishment (NJP), non payment of just debts, and an off post arrest for driving without insurance.
The DA 4126-R indicates the applicant accepted NJP on two separate occasions for disobeying lawful orders and that he had not paid his just debt, a furniture bill twice, on 23 July 1985 and 1 September 1986. It also confirms that he was arrested for driving without insurance on 9 November 1985 and he had been detained for defective taillights on 7 and 20 February 1985.
The MPRJ contains a copy of a valid DD Form 214 completed on the applicant at on the date of his separation, 17 November 1986. This document confirms that the authority for his separation was chapter 4, Army Regulation 635-200 and that the reason for his separation was ETS. It also confirms that he was assigned an SPD code of LBK and an RE code of 3.
Army Regulation 635-5-1 (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. The SPD code of LBK was the appropriate code for the applicant based on this regulatory guidance for soldiers separating under the provisions of AR 635-200, chapter 4, for ETS who was ineligible for, barred from, or otherwise denied reenlistment who is separated at the completion of their enlistment. Additionally, Table 2-3 (SPD/RE Code Cross Reference Table), Army Regulation (Separation Documents) establishes
RE Code 3 as the proper reentry code to assign to soldiers separated for this reason.
DISCUSSION: Considering all the evidence, allegations, and information presented by the applicant, together with the evidence of record, applicable law and regulations, it is concluded:
1. The Board noted the applicant’s contention, however, after a careful evaluation of the evidence of record and the independent evidence submitted by the applicant, the Board finds this claim lacks merit.
2. The evidence of record clearly shows that the applicant was barred from reenlistment at the time of his separation and that the assignment of his SPD and RE codes were accomplished in accordance with applicable law and regulations in effect at the time.
3. 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 this requirement.
4. 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.
BOARD VOTE:
________ ________ ________ GRANT
________ ________ ________ GRANT FORMAL HEARING
__jhl____ ___gp___ ___dh___ DENY APPLICATION
| CASE ID | AR2001051648 |
| SUFFIX | |
| RECON | |
| DATE BOARDED | 2001/02/08 |
| TYPE OF DISCHARGE | HD |
| DATE OF DISCHARGE | 1986/11/17 |
| DISCHARGE AUTHORITY | AR 635-200 C4 |
| DISCHARGE REASON | ETS |
| BOARD DECISION | DENY |
| REVIEW AUTHORITY | |
| ISSUES 1. 4 | 100.0300 |
| 2. | |
| 3. | |
| 4. | |
| 5. | |
| 6. |
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