BOARD DATE:	  14 June 2012

		DOCKET NUMBER:  AR20110024385 


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 correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) by changing his separation program designator (SPD) code from JBK to KBK, and his reentry eligibility (RE) code from RE-3 to RE-1.

2.  The applicant states he received nonjudicial punishment (NJP) under the provisions of Article 15, Uniform Code of Military Justice (UCMJ) prior to the end of his service in July 2009.  He was given a 45-day punishment that was reduced to 30 days.  This NJP was administered for an incident that occurred on 20 March 2009.  His Enlisted Record Brief (ERB), dated 3 June 2009, does not show him flagged at the time.  He further contends the Reenlistment Eligibility Data Display (REDD) Request Data shows SPD code KBK and RE-1 on his expiration term of service (ETS) date.  He also states his ERB shows a code 9X indicating adverse action.  He argues, in effect, that because his punishment had been completed prior to his ETS, his reenlistment eligibility should have been restored.

3.  The applicant provides a copy of a REDD Request Data printed on 
23 September 2011.

CONSIDERATION OF EVIDENCE:

1.  On 14 February 2000, the applicant enlisted in the Regular Army (RA).  He completed his initial training and was awarded military occupational specialty 52D (Power Generator Equipment Repairman).  He served through a series of assignments both in the United States and overseas and reenlisted three times.

2.  On 1 June 2006, the applicant was promoted to sergeant (SGT)/E-5.

3.  The applicant's ERB, dated 3 June 2009, shows in:

	a.  Section 1 (Assignment Information - Flag Code):  no entry; and

	b.  Section III (Service Data - Reenlistment Eligibility):  9X (Prohibitions not otherwise identified).

4.  The applicant's DD Form 214 shows:

	a.  he was discharged on 8 July 2009;

	b.  his characterization of service was honorable;

	c.  the authority and reason for his discharge was Army Regulation 635-200 (Personnel Separations – Active Duty Enlisted Administrative Separations), chapter 4, by reason of completion of required active service;

	d.  he completed 9 years, 4 months, and 25 days of creditable active service;

	e.  he was assigned an SPD code of JBK; and

	f.  he was assigned an RE code of "3."

5.  The REDD Request Data provided by the applicant contains two entries, both dated the same, showing not only the data currently on his DD Form 214, but also the data that he now wants placed on his DD Form 214.  This document makes no reference as to the source of the data or which of the two entries is to be considered the final and accurate data.

6.  Army Regulation 15-185 (Army Board for Correction of Military Records (ABCMR)), paragraph 2-9, provides that the Board 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.

7.  Army Regulation 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.

	a.  It states that the SPD code JBK is the appropriate code to assign to Soldiers involuntarily separated under the provisions of Army Regulation
635-200, by reason of completion of required active service.  It noted that this SPD code is to be used for RA Soldiers ineligible for, barred from, or otherwise denied reenlistment that are separated on completion of enlistment.  The SPD/RE Code Cross Reference Table stipulates that an RE-3 code will be assigned to members separated under these provisions with an SPD code of JBK.

	b.  It states that the SPD code KBK is the appropriate code to assign to Soldiers voluntarily separated under the provisions of Army Regulation
635-200, by reason of completion of required active service.  It noted that this SPD code is to be used for RA Soldiers eligible to reenlist who are discharged on completion of enlistment.  The SPD/RE Code Cross Reference Table stipulates that an RE-1 code will be assigned to members separated under these provisions with an SPD code of KBK.

8.  Army Regulation 635-200 states 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 RA and the 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 for enlistment unless a waiver is granted.

9.  The ERB contains personal information, qualification skills, training, and assignment history.  It is an automated management tool used in making decisions regarding utilization of Soldiers.  Section III (Service Data) contains data including a Soldier's reenlistment eligibility/prohibition code.  The applicable code for this item include code:

10 – Fully eligible 
9A – Ineligible due to time lost (AWOL) 
9E – Ineligible due to physical readiness 


9G – Ineligible due to exceeding the number of years of service for the pay grade (RCP) 
9K – Ineligible due to a field bar to reenlistment 
9L – Ineligible due to a Department of the Army bar to reenlistment 
9N – Ineligible due to a court-martial conviction 
9O – Ineligible due to age 
9Q – Ineligible due to signing a declination of continued service statement 
9X – Ineligible, use if reason is not identified by other codes 
9Y – Ineligible due to approved retirement 
9Z – Ineligible due to not meeting weight control standards

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends his DD Form 214 should be changed to show an SPD of KBK and an RE-1 based on his argument that he had completed his NJP and he was no longer flagged at the time of his discharge.

2.  In the absence of evidence to the contrary, it is presumed that the applicant's discharge from the RA on 8 July 2009 was accomplished in accordance with laws and regulations applicable at the time.

3.  The applicant's argument does not have merit.  His Article 15 is not available for review.  Just because he had completed his period of punishment does not mean he was automatically fully eligible for reenlistment.

4.  The REDD Request Data provided by the applicant is inconclusive; therefore, it alone does not supersede or invalidate the data shown on his ERB.

5.  In the absence of evidence to the contrary, it appears he SPD and RE-3 code, establishing his ineligibility for enlistment/reenlistment without a waiver, were correctly entered on his separation document in accordance with the governing regulations.  There is no evidence of error or injustice.  As such, there is no apparent basis for removal or waiver of the applicant’s disqualification that established the basis for his assigned SPD and RE code as shown on his DD Form 214.

6.  In view of the foregoing, there is an insufficient evidentiary 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)                                         AR20110024385



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20110024385



2


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1