RECORD OF PROCEEDINGS


	IN THE CASE OF:	  


	BOARD DATE:	  28 August 2007
	DOCKET NUMBER:  AR20070004951 


	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.


Ms. Catherine C. Mitrano

Director

Mr. Mohammed R. Elhaj

Analyst

The following members, a quorum, were present:


Mr. Paul M. Smith

Chairperson

Mr. Rodney E. Barber

Member

Mr. Rowland C. Heflin

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 his reentry eligibility (RE) code be changed.  However, he is actually requesting that the separation program designator (SPD) code on his DD Form 214 (Certificate of Release or Discharge from Active Duty) be changed.

2.  The applicant states, in effect, that the wrong SPD code was entered on his DD Form 214 due to an administrative error.

3.  The applicant provides a copy of a memorandum, dated 20 February 2001, from Headquarters, U.S. Army Air Defense Artillery Center and Fort Bliss, Fort Bliss, Texas, to the U.S. Army Reserve Components Personnel and Administration Center, St. Louis, Missouri, requesting the applicant's SPD code be corrected due to an administrative error.

CONSIDERATION OF EVIDENCE:

1.  Title 10, U.S. Code, section 1552(b), provides that applications for correction of military records must be filed within 3 years after discovery of the alleged error or injustice.  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.  While it appears the applicant did not file within the time frame provided in the statute of limitations, the ABCMR has elected to conduct a substantive review of this case and, only to the extent relief, if any, is granted, has determined it is in the interest of justice to excuse the applicant’s failure to timely file.  In all other respects, there are insufficient bases to waive the statute of limitations for timely filing.

2.  On 16 July 1998, the applicant enlisted in the U.S. Army Reserve Delayed Entry Program (DEP) for 8 years.  On 10 September 1998, he was discharged from the DEP and he enlisted in the Regular Army for 2 years and 23 weeks on 11 September 1998.

3.  The applicant was honorably released from active duty (REFRAD) on
18 February 2001 under the provisions of chapter 4 (Separation for Expiration of Service Obligation) of Army Regulation (AR) 635-200 (Personnel Separations).  His DD Form 214 shows he was given a character of service of "Honorable," an SPD code of "JBK," and an RE code of "1."


4.  On 20 February 2001, the Chief, Transition Branch, Headquarters, U.S. Army Air Defense Artillery Center and Fort Bliss, Fort Bliss, Texas, sent a memorandum to the Commander, U.S. Army Reserve Components Personnel and Administration Center, St Louis, Missouri, stating that the wrong SPD code was entered on the applicant's DD Form 214 due to an administrative error.  The error was discovered after the applicant’s REFRAD.  The Chief, Transition Branch then requested the error be corrected.

5.  AR 635-200 sets forth the basic authority for the separation of enlisted personnel.  In the version in effect at the time, chapter 4 established policy and prescribed procedures for the separation of enlisted personnel upon expiration of enlistment or fulfillment of service obligations.

6.  AR 635-5-1 (SPD Codes) provides the specific authorities (regulatory or directive), reasons for separating Soldiers from active duty, and the SPD codes to be entered on the DD Form 214.  Table 2-3 (SPD/RE Code Cross Reference Table) establishes RE Codes to be assigned for each SPD.

	a.  Note 7 to Table C-1 indicates that SPD "JBK" is used for RA Soldiers who, except for those with a Declination of Continued Service Statement in force, are ineligible for, barred from, or otherwise denied reenlistment and separated upon completion of required service.  This SPD code denotes an involuntary REFRAD (release from active duty).  The SPD/RE Code Cross Reference Table shows that an RE code of RE-3 is the correct code for SPD "JBK."

	b.  Note 6 to Table C-1 indicates that SPD "MBK" is used for RA Soldiers eligible to reenlist who are REFRAD on completion of enlistment and transferred to the Reserve Component to complete a military service obligation.  The SPD/RE Code Cross Reference Table shows that an RE code of RE-1 or RE-3 are the applicable RE codes assigned for individuals voluntarily REFRAD at the completion of enlistment and transferred to the Reserve Component to complete his/her military service obligation.

DISCUSSION AND CONCLUSIONS:

1.  The applicant requests, in effect, that his SPD code on his DD Form 214 be changed from "JBK" to "MBK."

2.  The applicant provided a memorandum from the Chief, Transition Branch, Headquarters, U.S. Army Air Defense Artillery Center and Fort Bliss indicating that he was erroneously assigned SPD code "JBK" when he should have been assigned SPD code "MBK."  The applicant was assigned to the Fort Bliss Separation and Transfer Point for separation processing.

3.  The applicant was voluntarily REFRAD upon completion of his required service.  AR 635-5-1 shows that "MBK" is the appropriate code for a voluntary REFRAD.

4.  In view of the foregoing findings and conclusions, and in the interest of justice and equity, it would be appropriate to correct the applicant’s records as indicated below.

BOARD VOTE:

__pms___  __reb___  __rch___  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The Board determined that the evidence presented was sufficient to warrant a recommendation for relief.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by amending Item 26 (Separation Code) of the applicant's DD Form 214 to show "MBK" as his SPD code.


						Paul M. Smith
______________________
          CHAIRPERSON


INDEX

CASE ID
AR20070004951
SUFFIX

RECON

DATE BOARDED
20070828
TYPE OF DISCHARGE

DATE OF DISCHARGE

DISCHARGE AUTHORITY

DISCHARGE REASON

BOARD DECISION
(GRANT)
REVIEW AUTHORITY

ISSUES         1.
100.0300
2.

3.

4.

5.

6.