RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:            28 November 2006
      DOCKET NUMBER:   AR20060003967


      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             |
|     |Mr. Jessie B. Strickland          |     |Analyst              |


      The following members, a quorum, were present:

|     |Mr. John Meixell                  |     |Chairperson          |
|     |Ms. Susan Powers                  |     |Member               |
|     |Mr. Dennis Phillips               |     |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 that his separation code be changed from “KBK”
to “JBK”, that his Reentry (RE) Code be changed from a “1” to a “3” and
that he be authorized full involuntary separation pay for his service.

2.  The applicant states that he served honorably on active duty for a
period of 8 years, 7 months and 18 days.  He goes on to state that his
Enlisted Records Brief (ERB) reflects a Reenlistment Eligibility
Prohibition Code of “9X”, prohibiting his reenlistment.  He further states
that otherwise he was eligible to reenlist and he is willing to sign a DA
Form 7154-R (Agreement to Join the Ready Reserve).

3.  The applicant provides a copy of his ERB dated 9 December 2005 and a
copy of his separation orders.

CONSIDERATION OF EVIDENCE:

1.  The applicant enlisted on 24 April 1997 for a period of 4 years and
training as a personnel services specialist.  He completed his training and
on 19 April 1999, he was transferred to Germany.

2.  Although the records are somewhat incomplete, it appears that the
applicant remained overseas on continuous overseas tours, which also
included deployments to Kosovo and Iraq.  He was promoted to the pay grade
of E-5 on 1 March 2001.

3.  On 4 December 2004, while stationed in Germany, nonjudicial punishment
was imposed against him for driving while under the influence of alcohol
(DWI).  His punishment consisted of a reduction to the pay grade of E-4, a
forfeiture of pay (suspended for 6 months) and extra duty.  He also
received a general officer memorandum of reprimand which was placed in his
Official Military Personnel File (OMPF).

4.  He was again promoted to the pay grade of E-5 on 1 September 2005 and
on 2 September 2005, orders were published directing the applicant’s
discharge effective 11 December 2005.  His orders specified that he was not
entitled to separation pay.  The applicant elected to take 39 days of
transition leave and to depart on 3 November 2005.

5.  On 11 December 2005, he was honorably discharged under the provisions
of Army Regulation 635-200, chapter 4, due to completion of required
service.  He had served 8 years, 7 months and 18 days of total active
service and was issued a separation code of “KBK” to indicate voluntary –
completion of required service and a RE Code of “1” to indicate that he was
eligible for reentry without a waiver.

6.  A review of the available records fails to show that the applicant
attempted to reenlist and was denied reenlistment.  His ERB dated 9
December 2005 indicates that the applicant had a reenlistment eligibility
code of “9X”, which indicates that the applicant was barred from
reenlistment for various miscellaneous reasons.  However, there is nothing
in his OMPF to justify that entry or to show when that entry was made.

7.  A staff advisory opinion was requested by the staff of the Board from
the Office of the deputy Chief of staff, G-1, Chief, Compensation and
Entitlements Division, which opines, in effect, that lacking evidence to
support his contention that he was involuntarily discharged, the applicant
is not entitled to separation pay or the correction requested.  The
advisory opinion was provided to the applicant for comment and to date, no
response has been received by the staff of the Board.

8.  Army Regulation 635-5-1 provides the Separation Program Designator
(SPD) Codes that are used with various authorities for separation that are
to be entered on the DD Form 214 at the time of separation.  It provides,
in pertinent part, that the SPD Code of "KBK" is used when the authority
for voluntary discharge is Army Regulation 635-200, chapter 4, due to
"Completion of Required Service" for Regular Army soldiers eligible to
reenlist, who are discharged on completion of enlistment.  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.

9.  Department of the Army Circular 635-92-1 outlines the eligibility
criteria for separation pay.  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 separated on the expiration of their term of service (ETS), after
having served at least 6 years of active duty service.  A soldier who is
ineligible for reenlistment due to RCP is not required to request extension
up to the RCP as a prerequisite for separation pay. Soldiers who are
eligible to reenlist and separate at the expiration of their term of
service are not eligible for separation pay.

10.  Army Regulation 601-280, Total Army Retention Program, provides the
retention control points (RCP) for all enlisted pay grades.  It provides,
in pertinent part that the RCP is an up or out measure and each rank in the
Army has a RCP. A Soldier must be promoted or selected for promotion for
the next higher grade prior to reaching their current rank RCP.  The
current RCP for the rank of sergeant is 15 years of active Federal service.


DISCUSSION AND CONCLUSIONS:

1.  A review of the applicant’s OMPF failed to reveal conclusively that he
was denied reenlistment or continuation on active duty.  Although his ERB
does indicate that he was not qualified, there is no supporting
documentation to support that entry.  Therefore, in the absence of evidence
to the contrary, it must be presumed that he was not entitled to receive
and was properly denied separation pay at the time of his discharge.

2.  It also appears that his separation code (KBK) and his RE Code (1) on
his DD Form 214 is correct and that he was not entitled to separation pay
at the time of his voluntary separation.

3.  Therefore, absent evidence to show that he was denied reenlistment or
continuation on active duty, there appears to be no basis to authorize him
separation pay.

4.  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.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

________  ________  ________  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

___JM __  ___SP___  ____DP _  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.




                                  ______ John Meixell_______
                                            CHAIRPERSON




























                                    INDEX

|CASE ID                 |AR20060003967                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20061128                                |
|TYPE OF DISCHARGE       |(HD)                                    |
|DATE OF DISCHARGE       |20051211                                |
|DISCHARGE AUTHORITY     |AR 635-200, CH 4                        |
|DISCHARGE REASON        |ETS                                     |
|BOARD DECISION          |(DENY)                                  |
|REVIEW AUTHORITY        |AR 15-185                               |
|ISSUES                  |291/sep pay                             |
|1.128.0800              |                                        |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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