IN THE CASE OF:	  

		BOARD DATE:	  26 October 2010

		DOCKET NUMBER:  AR20100010937 


THE BOARD CONSIDERED THE FOLLOWING EVIDENCE:

1.  Application for correction of military records (with supporting documents provided, if any).

2.  Military Personnel Records and advisory opinions (if any).


THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:

1.  The applicant requests his separation program designator (SPD) code of JBK and his reentry (RE) code of 3 be corrected to an SPD code of MBK1 (determined to be MBK) and an RE code of RE-1A so he would qualify for his separation pay of $30,171.60.

2.  The applicant states the error is unjust because he received an honorable discharge with consistent good conduct during his entire enlistment from 
1 August 2007 to the date of his expiration of term of service on 14 February 2010.  He states he was not aware that he had to join a unit to receive his separation pay.

3.  The applicant provides copies of his:

* DD Form 214 (Certificate of Release or Discharge from Active Duty) with a separation date of 14 February 2010
* certificate of good conduct from the U.S. Marine Corps

CONSIDERATION OF EVIDENCE:

1.  The applicant's military personnel records show he enlisted in the Regular Army on 11 March 2003 for a period of 3 years.  He completed basic combat training and advanced individual training and he was awarded military occupational specialty 21B (Combat Engineer).  He had previously completed
4 years of active service in the U.S. Marine Corps.

2.  The applicant was deployed to Iraq from 14 March 2008 to 13 March 2009.

3.  Headquarters III Corps, Fort Hood, TX, Orders 339-0140, dated 5 December 2009, reassigned the applicant to the Fort Hood Transition Center with a reporting date and date of discharge of 14 February 2010.  The additional instructions section of these orders stated, in pertinent part, that "upon receipt of this order you must contact your Reserve component retention office … to schedule your Reserve component briefing."  In addition, the instructions stated "When you qualify for a monetary incentive program, you must fulfill your Reserve component enlistment prior to your transition from active duty."

4.  On 14 February 2010, the applicant was discharged under the provisions of Army Regulation 635-200 (Personnel Separations - Active Duty Enlisted Administrative Separations), chapter 4, by reason of completion of required active service.  He had completed 3 years and 29 days of net active service that was characterized as honorable.  He also had 1400 days of time lost.  The circumstances concerning the amount of time lost is not indicated in his official military personnel file (OMPF) contained in the interactive Personnel Electronic Records Management System (iPERMS).

5.  The applicant's DD Form 214 contains the following entries in:

* item 18 (Remarks) - MEMBER IS ENTITLED TO FULL INVOLUNTARY SEPARATION PAY //SOLDIER FAILED TO JOIN A UNIT TO MEET QUALIFICATION FOR SEPARATION PAY ENTITLEMENTS
* item 26 (Separation Code) - JBK
* item 27 (Reentry code) - 3
* item 29 (Dates of Time Lost During This Period) - UNDER [Title] 10 USC [U.S. Code], [section] 972: 20030802 - 20070606

6.  The reason the applicant was denied reenlistment is not indicated in his OMPF in iPERMS but was likely related to his lost time or a retention control point.

7.  There is no evidence the applicant applied for enlistment in a Reserve component prior to his discharge.

8.  Department of Defense Instruction (DODI) 1332.29 (Eligibility of Regular and Reserve Personnel for Separation Pay) states full payment of non-disability separation pay is authorized to members of the Regular and Reserve components involuntarily separated from active duty:

	a.  If they are on active duty or full-time National Guard duty and have completed at least 6 years, but fewer than 20 yours of active service.

	b.  Their separation is characterized as honorable.

	c.  They were fully qualified for retention, but were denied reenlistment or continuation by the Military Service concerned.

	d.  They entered into a written agreement with the Military Service concerned to serve in the Ready Reserve of a Reserve component of the Army Forces for a period of not less than 3 years following the separation from active duty.

9.  Army Regulation 635-5-1 (SPD Codes) prescribes the specific authorities (regulatory, statutory, or other directives), the reasons for the separation of members from active military service, and the separation program designators to be used for these stated reasons.  

	a.  The SPD JBK, as shown on the applicant’s DD Form 214, denotes an involuntary discharge and specifies the narrative reason for discharge as completion of required service.  Note 7 states this code is to be used for Regular Army Soldiers ineligible for, barred from, or otherwise denied reenlistment who are separated on completion of enlistment.

	b.  The SPD MBK, as requested by the applicant, denotes a voluntary release from active duty and specifies the narrative reason for release as completion of required active service.  Note 6 states this code is to be used for Regular Army Soldiers eligible in reenlist who are released from active duty on completion of enlistment and transferred to the Reserve components to complete military service obligation.

10.  Army Regulation 635-200 states, in pertinent part, 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 (Active and Reserve Components Enlistment Program) covers eligibility criteria, policies, and procedures for enlistment and processing into the Regular Army (RA) and the U.S. Army Reserve (USAR).  Table 3-1 included a list of the RA RE codes:

	a.  RE-1 applies to Soldiers completing their term of active service who are considered qualified to reenter the U.S. Army.  They are qualified for enlistment if all other criteria are met.

	b.  RE-3 applies to Soldiers who are not considered fully qualified for reentry or continuous service at time of separation, but disqualification is waivable.  They are ineligible unless a waiver is granted.

11.  The SPD/RE Code Cross-Reference Table, dated March 2006, shows that the appropriate RE code for the SPD code of JBK is 3.

12.  Army Regulation 15-185 (Army Board for Correction of Military Records) prescribes the policies and procedures for correction of military records by the Secretary of the Army, acting through the ABCMR.  The regulation provides that the ABCMR begins its consideration of each case with the presumption of administrative regularity. The applicant has the burden of proving an error or injustice by a preponderance of the evidence.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends his SPD code of JBK should be changed to MBK and his RE code of 3 be changed to RE-1A so he can qualify for his separation pay.  He contends he was not aware that he had to join a Reserve component to receive his separation pay.

2.  The applicant's reassignment orders to the Fort Hood Transition Center specifically advised him to contact his Reserve component retention office.  The orders also stated he must fulfill his Reserve component enlistment prior to his transition from active duty in order to receive his separation pay.  Therefore, the evidence shows he was made aware of the requirement to join a Reserve component more than 2 months prior to the effective date of his discharge.

3.  DODI 1332.29 states full payment of non-disability separation pay is authorized to members of the Regular and Reserve components involuntarily separated from active duty.  A change of the applicant's SPD code to MBK would denote a voluntary separation and therefore make him ineligible for the separation pay.

4.  The applicant's OMPF does not show exactly why he was denied reenlistment but it appears likely it was related to his lost time or a retention control point.  Therefore, in the absence of evidence to the contrary, the assignment of the SPD code JBK is presumed to be correct.  

5.  According to the SPD/RE Code Cross-Reference Table the appropriate 
RE code for the SPD code of JBK is 3.  Therefore, the applicant's assigned RE code of 3 is correct.  Any other RE code would not apply in this case.

6.  As annotated in item 18 of the applicant's DD Form 214, the reason he did not receive non-disability separation pay was because he failed to enlist in a Reserve component unit prior to his discharge from active duty.  Any change to his SPD code or RE code would not change this fact.

7.  In view of the foregoing, there is no basis for granting the applicant's requested relief.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

____X___  ____X___  ____X___  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.



      ____________X___________
               CHAIRPERSON
      
I certify that herein is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in this case.

ABCMR Record of Proceedings (cont)                                         AR20100010937



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ABCMR Record of Proceedings (cont)                                         AR20100010937



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