Search Decisions

Decision Text

ARMY | BCMR | CY2003 | 2003091250C070212
Original file (2003091250C070212.rtf) Auto-classification: Denied




RECORD OF PROCEEDINGS


         IN THE CASE OF:


         BOARD DATE: 13 JANUARY 2004
         DOCKET NUMBER: AR2003091250


         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. Deborah L. Brantley Senior Analyst


The following members, a quorum, were present:

Ms. Lana E. McGlynn Chairperson
Mr. Roger W. Able Member
Mr. Patrick H. McGann, Jr. 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).

THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:


1. The applicant requests that her Reentry (RE) Code and her Separation Program Designator (SPD) Code be changed.

2. The applicant states that her RE Code is wrong.

3. The applicant provides copies of documents lifting her local bar to reenlistment, prior to her separation date, as evidence that her RE Code is incorrect.

CONSIDERATION OF EVIDENCE:

1. Records available to the Board indicate that the applicant entered active duty on 20 May 1998 under a 4-year enlistment contract. She entered active duty in pay grade E-2. On 1 March 1999 she was advanced to pay grade E-3.

2. Documents provided by the applicant indicate that she was barred from reenlisting by a local bar to reenlistment imposed on 9 January 2002. A 15 April 2002 statement from her battalion commander recommended that the local bar be removed and noted that the applicant “has proven her ability to meet the Army Standard.” The “flag” on her records was removed effective 15 March 2002.

3. On 19 May 2002, upon completion of her 4-year enlistment contract, the applicant was released from active duty, in pay grade E-3, with an honorable characterization of service. She was issued a Separation (SPD) Code of JBK and a Reentry Code of 3.

4. 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 Regulation 601-210 covers eligibility criteria, policies, and procedures for enlistment and processing into the Regular Army (RA) and the United States Army Reserve. Chapter 3 of that regulation prescribed basic eligibility for prior service applicants for enlistment. That chapter included a list of armed forces RE Codes, including RA RE Codes. RE-3 applies to those individuals who were not considered fully qualified for reenlistment or continuous service at the time of separation, but for which a subsequent request for waiver could be submitted for the purpose of reenlistment at a later date under the provisions of Army Regulation 601-210. RE-3 applies to individual who were separated for a variety of reasons, including those who were ineligible for reenlistment because of their grade at the time of separation.

5. Army Regulation 601-280 (Army Retention Program) notes that individuals in pay grade E-3 or below at the time of separation, are not eligible for reenlistment or extension. Such Soldiers, who are separated on their scheduled ETS date, would receive an SPD Code of JBK indicating they were involuntarily separated from active duty because they were ineligible for, barred from, or otherwise denied reenlistment. The “cross-reference” chart, provided by officials from the separation branch at the United States Army Human Resources Command-Alexandria notes that RE-3 is the appropriate RE Code for individuals who receive a SPD Code of JBK.

DISCUSSION AND CONCLUSIONS :

1. Although the applicant’s local bar to reenlistment may have been lifted prior to her separation date, because she had not advanced beyond pay grade E-3 she was still ineligible to reenlist and as such was assigned an SPD Code of JBK and an RE Code of 3 at the time of her separation.

2. The applicant is advised that although her RE-3 was properly assigned; this does not mean that she is totally disqualified from returning to military service. The disqualification upon which the RE-3 was based may be waived for enlistment purposes. The applicant is advised that if she desires to enlist, she should contact a local recruiter who can best advise her on her eligibility for returning to military service. Those individuals can best advise a former service member as to the needs of the service at the time and may process enlistment waivers for the applicant’s RE Code.

BOARD VOTE:

________ ________ ________ GRANT RELIEF

________ ________ ________ GRANT FORMAL HEARING

__ LEM __ ___ RWA _ __ PHM __ DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The evidence presented does not demonstrate the existence of a probable error or injustice. Therefore, the Board determined that the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned.





                  ____Lana E. McGlynn_______
                  CHAIRPERSON


INDEX

CASE ID AR2003091250
SUFFIX
RECON YYYYMMDD
DATE BOARDED 20040113
TYPE OF DISCHARGE (HD, GD, UOTHC, UD, BCD, DD, UNCHAR)
DATE OF DISCHARGE YYYYMMDD
DISCHARGE AUTHORITY AR . . . . .
DISCHARGE REASON
BOARD DECISION DENY
REVIEW AUTHORITY
ISSUES 1. 100.03
2.
3.
4.
5.
6.


Similar Decisions

  • 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 | CY2003 | 2003086151C070212

    Original file (2003086151C070212.rtf) Auto-classification: Denied

    Based on his 4 year enlistment, the applicant’s scheduled separation date would have been established as 6 May 2002. 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. Those individuals can best advise a former service member as to the needs of the service at the time and may process enlistment waivers for both the applicant’s RE code and his reason for...

  • ARMY | BCMR | CY2011 | 20110004572

    Original file (20110004572.txt) Auto-classification: Approved

    Her DD Form 214 shows in: * item 6 (Reserve Obligation Termination Date) she had no Reserve obligation when she was discharged * item 25 (Separation Authority) - Army Regulation 635-200 (Personnel Separations - Enlisted Personnel) , chapter 4 * item 26 (Separation Code) - "JBK" * item 27 (RE Code) - "4" 7. The version in effect at the time of her discharge stated Soldiers with less than 10 years of active Federal service would be reenlisted for 2, 3, 4, 5, or 6 years of service. ...

  • ARMY | BCMR | CY2014 | 20140013903

    Original file (20140013903.txt) Auto-classification: Denied

    This provision of law also allows the Army Board for Correction of Military Records (ABCMR) to excuse an applicant’s failure to timely file within the 3-year statute of limitations if the ABCMR determines it would be in the interest of justice to do so. He was honorably discharged from active duty in the rank/grade of SP5/E-5 on 6 April 1981 in accordance with chapter 2 of Army Regulation 635-200 (Personnel Separations – Enlisted Personnel) by reason of completion of his required service. ...

  • ARMY | BCMR | CY2006 | 20060014139C070205

    Original file (20060014139C070205.doc) Auto-classification: Denied

    The regulation states the reason for discharge based on separation code “JBK” is “Completion of Required Active Service” and the regulatory authority is Army Regulation 635-200, chapter 4. In the absence of evidence to the contrary, it must be presumed that the applicant’s RE code was administratively correct and in conformance with applicable regulations at the time of her separation. Records show the applicant should have discovered the alleged error now under consideration on 22 March...

  • ARMY | BCMR | CY2002 | 2002075091C070403

    Original file (2002075091C070403.rtf) Auto-classification: Denied

    APPLICANT REQUESTS: In effect, correction of appropriate military records to show a reentry eligibility (RE) code, which would allow reenlistment. Her DD Form 214 indicates that she was discharged on 19 May 2002, under the provisions of Army Regulation 635-200, chapter 4, (Expiration Term of Service) with an honorable discharge. There is no evidence in the available record, and the applicant has provided no evidence, that shows irregularity in the assignment of her RE code.

  • ARMY | BCMR | CY2013 | 20130015080

    Original file (20130015080.txt) Auto-classification: Denied

    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 | CY2012 | 20120022927

    Original file (20120022927.txt) Auto-classification: Denied

    His DD Form 214 that shows on 5 March 2011 the applicant was honorably discharged under the provisions of Army Regulation 635-200 (Active Duty Enlisted Administrative Separations), chapter 4, upon completion of his required active service. He was assigned a Separation Program Designator (SPD) Code of JBK (completion of required active service) and an RE code of "3." The SPD code JBK is to be used for RA Soldiers ineligible for, barred from, or otherwise denied reenlistment that are...

  • ARMY | BCMR | CY2011 | 20110001123

    Original file (20110001123.txt) Auto-classification: Denied

    The separation code JBK is the appropriate code to assign Soldiers ineligible for, barred from, or otherwise denied reenlistment who were discharged on completion of their enlistment under the provisions of Army Regulation 635-200, chapter 4. The SPD/RE Code Cross Reference Table, dated 2 October 1989 and applicable to the governing regulation, established RE code 3C as the proper reentry code to assign Soldiers separated with a SPD code of JBK, for failure to meet grade and service...

  • ARMY | BCMR | CY2006 | 20060003204C070205

    Original file (20060003204C070205.doc) Auto-classification: Denied

    David Haasenritter | |Member | The Board considered the following evidence: Exhibit A - Application for correction of military records. The available records show that the applicant was honorably discharged on 20 December 2003, under the provisions of Army Regulation 635-200, chapter 4, due to completion of required active service. She was assigned a JBK (completion of required active service) separation code, and an RE-3 code.