| Mr. Carl W. S. Chun | Director | |
| Mr. Joseph A. Adriance | Analyst |
| Mr. John H. Kern | Chairperson | |
| Mr. Thomas Lanyi | Member | |
| Ms. Paula Mokulis | Member |
APPLICANT REQUESTS: In effect, that the Separation Program Designator (SPD) and Reentry (RE) codes assigned to her at the expiration of her term of service (ETS) should be corrected and that she should be provided back pay in the rank of sergeant/E-5 (SGT/E-5) for the period 11 July 2000 through the present.
APPLICANT STATES: In effect, that the SPD code of JBK and RE-3 code assigned to her at ETS should be changed to MBK and RE-1 respectively. She claims that she should not have been discharged under the Lautenburg Amendment, as evidenced by the enclosed letter from a Legal Assistance Officer at Fort Knox, Kentucky. Counsel prepared this letter to assist the applicant in her effort to reenlist at the time. In the letter, counsel suggested that the Lautenburg Amendment was a non-issue in the applicant’s reenlistment eligibility and it appeared from Department of the Army guidance that the applicant was fully eligible to reenlist. In support of her application, she provides a copy of a criminal history report from the Texas Department of Public Safety, the letter from counsel, and her separation document (DD Form 214).
EVIDENCE OF RECORD: The applicant's military records show:
She served on active duty in the Regular Army (RA) for 9 years, 3 months, and
15 days, from 26 March 1991 through 10 October 2000, at which time she was honorably separated.
The applicant’s record does not contain the specific facts and circumstances pertaining to her reenlistment and separation processing. However, it does contain a properly constituted DD Form 214, which she authenticated with her signature, which confirms the authority and reason for her discharge. This document shows that she was honorably discharged under the provisions of chapter 4, Army Regulation 635-200, by reason of ETS.
The separation document also verifies that on the date of her discharge she held the rank of SGT/E-5 and that was entitled to full involuntary separation pay. It also confirms that she was assigned an SPD code of JBK and an RE-3 code.
The Texas Department of Public Safety criminal history report provided by the applicant confirms that on 7 February 1997, she was arrested and charged with assault. It also verifies that on 20 March 1997, she was convicted of this assault charge.
The Legal Assistance Officer letter, dated 3 December 1999, was prepared in order to assist the applicant in her efforts to reenlist at the time. In it counsel opined that after reviewing the applicant’s criminal history report from the Texas Department of Public Safety, which documented her assault conviction, it was clear that if the Lautenberg Amendment was the sole concern the applicant was eligible to reenlist without delay.
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 JBK was the appropriate code for the applicant based on the guidance provided in Army Regulation 635-5-1 for Regular Army soldiers separating under the provisions of chapter 4, Army Regulation 635-200, who were ineligible for, barred from, or otherwise denied reenlistment and who are separated on the completion of their term of service. Additionally, Table 2-3 (SPD/RE Code Cross Reference Table),
Army Regulation 635-5 (Separation Documents) establishes RE-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 notes the applicant’s contention that her SPD and RE codes should be changed and she should be provided back pay as a SGT/E-5 since
11 July 2000, because she should not have been discharged under the Lautenburg Amendment.
2. The applicant’s record is void of the specific facts and circumstances concerning events that led to her discharge from the Army. However, the record does contain a properly constituted DD Form 214, which she authenticated with her signature. This document identifies the authority and reason for her discharge and confirms that she was assigned the proper SPD and RE codes for soldiers separated under these regulatory provisions. Therefore, the Board presumes government regularity in the discharge process.
3. The Board finds no evidentiary basis to support the applicant’s claim that the Lautenburg Amendment was the sole reason for her being denied reenlistment and involuntarily discharged. The evidence shows that she was assisted by counsel in her reenlistment efforts and that counsel’s position in regard to this issue and its impact on her reenlistment eligibility was known and considered at the time. Therefore, the Board concludes there is no basis for concluding that this was the determinate factor for her involuntary separation.
4. In the absence of information to the contrary, the Board is satisfied that all requirements of law and regulation were met and the rights of the applicant were fully protected throughout the separation process. Therefore, the Board concludes relief is not warranted in this case.
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 this 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.
BOARD VOTE:
________ ________ ________ GRANT
________ ________ ________ GRANT FORMAL HEARING
___JHK__ __TL____ __PM___ DENY APPLICATION
| CASE ID | AR2001057701 |
| SUFFIX | |
| RECON | |
| DATE BOARDED | 2001/08/23 |
| TYPE OF DISCHARGE | HD |
| DATE OF DISCHARGE | 2000/07/10 |
| 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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