RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:          14 September 2004
      DOCKET NUMBER:  AR2004103259


      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. Deyon D. Battle               |     |Analyst              |


      The following members, a quorum, were present:

|     |Mr. Mark D. Manning               |     |Chairperson          |
|     |Ms. Karen A. Heinz                |     |Member               |
|     |Mr. Robert L. Duecaster           |     |Member               |

      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, in effect, that his reentry eligibility (RE)
code be changed from RE-3 and that his separation code be changed from JBK.

2.  The applicant states that he is a career soldier and that he loves
serving the United States of America.  He states that he just returned from
serving overseas in Operation Enduring Freedom in Afghanistan and that he
will be soon be deploying to serve overseas in Iraq.  He states that once
he returns from overseas, he would like to better serve his country and his
family by having a full time position in the Armed Forces.

3.  The applicant provides no additional documentation in support of his
application.

CONSIDERATION OF EVIDENCE:

1.  On 21 August 1993, he enlisted in the United States Army Reserve
(USAR), under the Delayed Entry Program, for 8 years, in the pay grade of E-
1.  He enlisted in the Regular Army for 4 years on 3 November 1993 and he
successfully completed his training as an administrative specialist.  He
was advanced to the pay grade of E-2 on 3 May 1994; to the pay grade of E-3
on 3 November 1994; and to the pay grade of E-4 on 1 September 1995.

2.  The available record is void as to the reasons why; however, the record
shows that on 13 January 2000, the applicant was reduced from pay grade E-4
to pay grade E-3.  He was advanced to pay grade E-4 on 15 March 2000 and he
reenlisted in the Army for 2 years on 17 March 2000.

3.  The DD Form 214 that he was furnished at the time of his discharge
shows that he was honorably discharged in the pay grade of E-4 on 16 March
2002, under the provisions of Army Regulation 625-200, chapter 4, upon the
completion of his required service.  On his DD Form 214, his separation
code is shown as “JBK” (completion of required active service) and he was
assigned an RE-3 code.  His DD Form 214 also shows that at the time of his
discharge, he was entitled to full involuntary separation pay.

4.  Army Regulation 635-5-1 prescribes the specific separation codes to be
entered on the Certificate of Release or Discharge (DD Form 214).  It
states that when a Soldier is released from active duty due to the
completion of his required service the Soldier will be assigned a JBK
separation code.

5.  Army Regulation 601-210 provides the guidance for the issuance of RE
codes upon separation from active duty.  It states, in pertinent part, that
these codes are not to be considered derogatory in nature, they are simply
codes that are used for identification of an enlistment processing
procedure.

6.  RE-3 applies to persons who are not considered fully qualified for
reentry or continuous service at time of separation, but the
disqualification is waivable.  A local or self-imposed bar to reenlistment
or reaching the maximum years of service for one’s grade are some of those
instances in which a person would be issued a code of RE-3 at the time of
separation.

7.  Army Regulation 601-280, in effect at the time, provides the criteria
for reenlistment eligibility and establishes the maximum number of years
persons may serve on active duty in a particular grade.  The Retention
Control Point (RCP) established for the pay grade of E-4 was 8 years and 29
days of maximum service.  Personnel who were unable to reenlist for a
minimum reenlistment period of 2 years in order to reach the maximum RCP
for their grade were, in effect, barred from reenlistment.  Personnel who
fall in this category are not required to extend their enlistment to their
maximum RCP in order to receive their full entitlement to separation pay.

DISCUSSION AND CONCLUSIONS:

1.  In order to justify correction of a military record the applicant must
show 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.

2.  The applicant was barred from reenlistment at the time of his
separation and was not fully qualified for reenlistment at the time of
separation due to his having reached his maximum RCP for his grade;
accordingly, he was properly issued an RE code of RE-3 in accordance with
the applicable regulations.

3.  The applicant’s contentions have been noted.  However, his discharge
was at the completion of his required service.  He had reached his RCP and
he was ineligible for reenlistment as a result of completing 8 years, 4
months and 14 days of total active service and serving in the pay grade of
E-4.  Therefore, the RE code that he was assigned is proper.





4.  As previously indicated, RE-3 applies to persons who are not considered
fully qualified for reentry or continuous service at time of separation;
however, the disqualification is waivable and this does not mean that he
has been completely denied the opportunity to reenlist.  Recruiting
personnel have the responsibility for initially determining whether an
individual meets current enlistment criteria. Therefore, since enlistment
criteria does change, and since he has the right to apply for a waiver, it
is suggested that he periodically visit his local recruiting station to
determine if he should apply for a waiver.

5.  Additionally, his DD Form 214 appropriately reflects his narrative
reason for separation as “completion of required active service”.
Consequently the separation code JBK coincides with his reason separation
and is correct as currently reflected.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

________  ________  ________  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

__mdm___  __kah___  __rld___  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.



                 Mark D. Manning
            ______________________
                    CHAIRPERSON




                                    INDEX

|CASE ID                 |AR2004103259                            |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20040914                                |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |DENY                                    |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.  1021 |100.0000.0000/ADMINISTRATIVE MATTERS    |
|2. 4                    |100.0300.0000/RE CODE                   |
|3.  189                 |110.0000.0000/SEPARATION DOCUMENT       |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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