| Mr. Carl W. S. Chun | Director | |
| Mr. Jessie B. Strickland | Analyst |
| Mr. Walter T. Morrison | Chairperson | |
| Ms. Linda D. Simmons | Member | |
| Mr. Frank C. Jones II | Member |
2. The applicant requests that he be paid separation pay for his service.
3. The applicant states that he was discharged after serving 9 ½ years of active duty in the pay grade of a non-promotable E-4.
4. The applicant’s military records show that he enlisted on 14 August 1991 for a period of 4 years, training as a record telecommunications center operator and the Army College Fund. He successfully completed his training, was advanced to the pay grade of E-4 on 1 February 1995 and reenlisted on 20 March 1995 for a period of 3 years and assignment to Fort Gordon, Georgia. He again reenlisted on 20 March 1997 for a period of 4 years and a selective reenlistment bonus.
5. On 19 March 2001, he was honorably discharged due to completion of required service. He had served 9 years, 7 months and 6 days of total active service and was issued a Separation Program Designator (SPD) of KBK. He was issued a Reentry (RE) Code of RE-1.
6. A review of his records shows that he was not in a promotable status nor was he eligible for reenlistment.
7. Department of the Army Circular 635-92-1 outlines the eligibility criteria for separation pay. 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. The maximum RCP for personnel serving in the pay grade of E-4 was 10 years of AFS. The minimum reenlistment authorized under the provisions of Army Regulation 601-208 is 2 years.
8. Army Regulation 635-5-1 implements Department of Defense (DOD) policy for standardization of entries on the DD Form 214 and provides the separation codes to be used and the authorities and reasons for their usage and control. It states, in pertinent part, that enlisted soldiers denied continued service who are separated at ETS will receive separation code “JBK” and an RE code of “3”.
9. Army Regulation 601-210 provides an explanation of RE codes. It states, in pertinent part, that RE Code “3” applies to persons who are not considered fully qualified for reentry or continuous service at the time of separation, but that the disqualification is waivable.
CONCLUSIONS:
1. The evidence of record clearly shows that the applicant served until he reached the maximum RCP for his grade and was ineligible to reenlist for the minimum period of reenlistment.
2. Accordingly, he was entitled to receive full separation pay and should have received a SPD Code of "JBK" and a RE Code of RE-3. However, it appears that an administrative oversight resulted in his receiving a SPD Code of "KBK" and a RE Code of RE-1.
3. 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 RE Code of "3".
4. As a condition of receiving separation pay, the applicant must provide proof to the Defense Finance and Accounting Service (DFAS) to show that he has either enlisted in the Ready Reserve or has been otherwise denied enlistment, within 120 days of the action by this Board. Failure to do so will negate his entitlement to separation pay.
5. 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 be corrected by showing that the individual concerned was issued a SPD Code of "JBK", a RE Code of RE-3, and that he was entitled to full separation pay, provided that he enlist in the Ready Reserve for a period of not less than 3 years, within 120 days of the action by this Board or is denied enlistment in the Ready Reserve and provides proof to the DFAS to show that he has acted in good faith.
BOARD VOTE:
__fcj____ __lds ___ __wtm___ GRANT AS STATED IN RECOMMENDATION
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
___Walter T. Morrison____
CHAIRPERSON
| CASE ID | AR2002079332 |
| SUFFIX | |
| RECON | YYYYMMDD |
| DATE BOARDED | 2003/03/06 |
| TYPE OF DISCHARGE | |
| DATE OF DISCHARGE | |
| DISCHARGE AUTHORITY | |
| DISCHARGE REASON | |
| BOARD DECISION | GRANT |
| REVIEW AUTHORITY | |
| ISSUES 1. 291 | 128.0800/SEP PAY |
| 2. | |
| 3. | |
| 4. | |
| 5. | |
| 6. |
ARMY | BCMR | CY2006 | 20060003967C070205
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 | CY2008 | 20080016741
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 | CY2014 | 20140013077
ARMY | BCMR | CY2013 | 20130020831
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 635200, chapter 4 (Note 7) * KBK for a voluntary discharge under Army Regulation 635200, 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 | CY2003 | 2003084302C070212
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. It provides, in pertinent part, that full separation pay is authorized for soldiers who are fully qualified for retention but are denied reenlistment under established RCP provisions and are...
ARMY | BCMR | CY2011 | 20110024385
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 | BCMR | CY2001 | 2001062114C070421
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 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...
ARMY | BCMR | CY2013 | 20130015080
On 28 May 2002, with prior service, the applicant enlisted in the Regular Army. Army Regulation 635-200 (Personnel Separations Enlisted Personnel), Chapter 4, states a Soldier will be separated upon expiration of enlistment or fulfillment of service obligation. 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 | BCMR | CY2011 | 20110024979
The applicant requests, in effect, correction of his reentry eligibility (RE) code and separation program designator (SPD) code so that he may be eligible to enlist in the U.S. Army Reserve (USAR). 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. These individuals can best advise a former service member as to the needs of the service at the time and process...
ARMY | BCMR | CY2003 | 2003090709C070212
The applicant requests that he receive separation pay and benefits for his service. While it would have been appropriate at the time to do so because the applicant would not have had to attend training, the evidence suggests that after 12+ years that have elapsed and the fact that the applicant is now 40 years of age, it would also be in the interest of justice to grant the applicant an exception to policy by not requiring him to serve in the Ready Reserve as a condition of receiving...