Search Decisions

Decision Text

ARMY | BCMR | CY2001 | 2001062114C070421
Original file (2001062114C070421.rtf) Auto-classification: Approved
PROCEEDINGS


         IN THE CASE OF:
        

         BOARD DATE: 19 March 2002
         DOCKET NUMBER: AR2001062114


         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. Carl W. S. Chun Director
Ms. Joyce A. Wright Analyst


The following members, a quorum, were present:

Ms. Shirley Powell Chairperson
Mr. Stanley Kelley Member
Mr. Elzey J. Arledge 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 his separation program designator (SPD) code of “JBK” be change to “KBK.” This is also, in effect, a request to change the underlying reenlistment (RE) code.

3. The applicant states that his SPD code of “JBK” is incorrect and that his enlistment in the United States Marine Corps (USMC) and the US Army were honorable. He is now continuing his military career in the Alabama Army National Guard; however, his SPD code of “JBK” prevents him from obtaining a full time Army Guard/Reserve (AGR) position in the Army National Guard.
He further states, in effect, that his SPD code of “JBK” means that his separation was involuntary, which he believes was not, and that his SPD code should have been “KBK.” In support of his application, he submits a copy of his DD Form 214 (Certificate of Release or Discharge from Active Duty).

4. The applicant’s military records show he enlisted in the USMC on 6 October 1981 and was honorably released from active duty on 5 October 1985. He was transferred to the US Marine Corps Reserve.

5. He enlisted in the Regular Army for 3 years on 4 April 1986, as a light weapons infantryman.

6. He was alerted for overseas assignment while serving on active duty. On 12 August 1987, he extended his enlistment for 22 months to comply with his overseas assignment. On 29 March 1988, he requested cancellation of his enlistment extension because he had been deleted from overseas assignment instructions. His request was approved on 7 April 1988, to reflect a revised expiration of term of service (ETS) of 3 April 1989.

7. He continued to serve until he was honorably discharged on 3 April 1989, under the provisions of Army Regulation 635-200, chapter 4, due to his ETS.
He was issued an SPD code of “JBK” and a RE code of “RE 3A.”

8. Army Regulation 635-5-1 prescribes the specific authorities (regulatory, statutory, or other directives), the reasons for the separation of members from active military service, and the SPD to be used for these stated reasons. The regulation shows that the SPD of “JBK” as shown on the applicant’s DD Form 214 is appropriate for involuntary discharge when the narrative reason for discharge is “Completion of Required Active Service.” The SPD code of “KBK” is appropriate when individuals are voluntary discharged under the same authority.





9. Pertinent Army regulations provide that prior to discharge or release from active duty, individuals will be assigned reentry 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 reentry codes, including RA RE codes.

10. The SPD/RE Code Cross Reference Table, dated March 2001, provides
instructions for determining the RE code for Active Army soldiers and Reserve Component soldiers separated for cause. It also shows the SPD code with a corresponding RE code and states that more than one RE code could apply. The soldier’s file and other pertinent documents must be reviewed in order to make a final determination. The SPD code of “JBK” has a corresponding RE code of “3” and the SPD code of “KBK” has a corresponding RE code of “1 or 3.”

11. RE-3A applies to soldiers who were separated, but did not meet reentry criteria at the time of separation.

12. RE-1 applies to persons completing their term of service (ETS) who are considered qualified to reenter the Army.

CONCLUSIONS:

1. The evidence of record shows that the applicant was alerted for overseas assignment, extended his enlistment to comply with his overseas assignment, which was later deleted, and requested cancellation of his extension, which was approved.

2. The Board notes that the applicant was voluntarily separated from service
at his normal ETS under the provisions of Army Regulation 635-200, paragraph
4 and was issued an SPD code of “JBK” with a corresponding RE code of
“RE 3A.”

3. The Board also notes that under Army Regulation 635-5-1, the SPD code for voluntary discharge is “KBK” with a corresponding RE code of “RE 1.” However, the applicant was issued the SPD code of “JBK” instead of the SPD code of “KBK”. Therefore, he is entitled to correction of item 26 (Separation Code) of his DD Form 214 to show the entry “KBK” and correction of item 27 (Reenlistment Code) to show the entry “RE-1.”

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


RECOMMENDATION
:

That all of the Department of the Army records related to this case for the individual concerned be corrected:

a. by showing the entry “KBK” in item 26 (Separation Code) of his DD Form 214; and

b. by showing the entry “RE-1” in item 27 (Reenlistment Code) of his DD Form 214.

BOARD VOTE:

__sp___ ___sk_ __ea______ GRANT AS STATED IN RECOMMENDATION

________ ________ ________ GRANT FORMAL HEARING

________ ________ ________ DENY APPLICATION




                  ___Shirley Powell___
                  CHAIRPERSON




INDEX

CASE ID AR2001062114
SUFFIX
RECON
DATE BOARDED 20020319
TYPE OF DISCHARGE HD
DATE OF DISCHARGE 19890403
DISCHARGE AUTHORITY AR 635-200 chapter, 4
DISCHARGE REASON
BOARD DECISION GRANT
REVIEW AUTHORITY
ISSUES 1. 1021
2.
3.
4.
5.
6.

Similar Decisions

  • ARMY | BCMR | CY2002 | 2002072438C070403

    Original file (2002072438C070403.rtf) Auto-classification: Approved

    This records review revealed no evidence in regard to the applicant’s SPD code assignment upon his separation in 1989. The evidence of record indicates that at the completion of his first period of service on 24 January 1989, the applicant was assigned a SPD code of JBK and a corresponding RE code of RE-3A. However, based on a review of the applicant’s record for his period of active duty service that ended on 16 June 1991, the Board finds no indication that the applicant was barred from,...

  • ARMY | BCMR | CY2011 | 20110024385

    Original file (20110024385.txt) Auto-classification: Denied

    His Enlisted Record Brief (ERB), dated 3 June 2009, does not show him flagged at the time. It states that the SPD code KBK is the appropriate code to assign to Soldiers voluntarily separated under the provisions of Army Regulation 635-200, by reason of completion of required active service. The applicant contends his DD Form 214 should be changed to show an SPD of KBK and an RE-1 based on his argument that he had completed his NJP and he was no longer flagged at the time of his discharge.

  • ARMY | DRB | CY2005 | 20050010639

    Original file (20050010639.doc) Auto-classification: Denied

    Larry W. Racster | |Member | The Board considered the following evidence: Exhibit A - Application for correction of military records. The DD Form 214 she was issued at the time confirms she was assigned the SPD code of JBK and a RE-3 code based on the authority and reason for her separation. This list confirms that separation pay is not authorized for members separated with an SPD code of KBK.

  • ARMY | BCMR | CY2013 | 20130020831

    Original file (20130020831.txt) Auto-classification: Approved

    It provides that a Soldier being separated due to the completion of their required service the Soldier will be assigned one of the following SPD's – * JBK – for an involuntary discharge under Army Regulation 635–200, chapter 4 (Note 7) * KBK – for a voluntary discharge under Army Regulation 635–200, chapter 4 (Note 1) * Note 1 – To be used for RA Soldiers eligible to reenlist or with a DCSS in force who are discharged on completion of enlistment * Note 7 – Except for those with a DCSS in...

  • ARMY | BCMR | CY2008 | 20080016741

    Original file (20080016741.txt) Auto-classification: Approved

    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. 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 SPD Code of "JBK" was used when the authority for involuntary discharge is...

  • ARMY | BCMR | CY2002 | 2002079332C070215

    Original file (2002079332C070215.rtf) Auto-classification: Approved

    It states, in pertinent part, that soldiers denied continuation on active duty under established Retention Control Point (RCP) provisions and separated at ETS are authorized full separation, pay provided the soldier has signed a Department of the Army Form 7154-R (Agreement to Join Ready Reserve) for a period of not less than 3 years. Therefore, the Board finds that he should receive full separation pay for his service and his records should be corrected to reflect a SPD Code of "JBK" and a...

  • ARMY | BCMR | CY2014 | 20140013077

    Original file (20140013077.txt) Auto-classification: Approved
  • ARMY | BCMR | CY2006 | 20060003967C070205

    Original file (20060003967C070205.doc) Auto-classification: Denied

    Exhibit B - Military Personnel Records (including advisory opinion, if any). The SPD Code of "JBK" is used when the authority for involuntary discharge is Army Regulation 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. Therefore, absent evidence to show that he was denied reenlistment or continuation on active duty, there appears to be...

  • ARMY | BCMR | CY2009 | 20090002332

    Original file (20090002332.txt) Auto-classification: Approved

    The applicant states that he was erroneously assigned an RE-3 because his Enlisted Record Brief (ERB) showed a code of 9H (pending a medical board). Army Regulation 635-5 (Personnel Separations - Separation Documents) prescribes the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army. As such, it would be appropriate to now correct his records to show that he was assigned an SPD code of "KBK" and assigned an...

  • ARMY | BCMR | CY2001 | 2001062364C070421

    Original file (2001062364C070421.rtf) Auto-classification: Denied

    The applicant requests correction of military records as stated in the application to the Board and as restated herein. 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. The Board notes that the RE-3 is appropriate and consistent with the reason the applicant left active duty, and the Board finds no basis to correct the existing code.