BOARD DATE:	  16 June 2015

		DOCKET NUMBER:  AR20140017723 


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 her DD Form 214 (Certificate of Release or Discharge from Active Duty) to upgrade her reentry (RE) code.

2.  The applicant states she had a Separation Program Designator (SPD) code of "JBK" and received an honorable discharge upon completion of her expiration term of service (ETS).

3.  The applicant provides copies of her DD Form 214 and Orders Number 230-0004, dated 19 August 2011.

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.  The applicant enlisted in the Regular Army on 5 June 2007, held military occupational specialty 12W (Carpentry and Masonry Specialist), and attained the rank/grade of sergeant (SGT)/E-5. 

3.  Her record contains a DA Form 669 (Army Continuing Education System Record), dated 4 October 2011, which contains an entry that shows she had a Suspension of Favorable Personnel Actions (flag).

4.  Her Enlisted Record Brief (ERB) shows she had a flag (code BA) with a flag start date of 18 May 2011 and an expiration date of 4 November 2011.

5.  Her DD Form 214 shows she was honorably discharged on 4 November 2011.  This form also shows in:

* item 25 (Separation Authority), the entry "Army Regulation 635-200 (Active Duty Enlisted Administrative Separations), chapter 4"
* item 26 (Separation Code [SPD]), the entry "JBK"
* item 27 (Reentry Code), the entry "3"
* item 28 (Narrative Reason for Separation), the entry "Completion of Required Active Service"

6.  Army Regulation 600-8-2 (FLAG) states the purpose of a flag is to prevent and/or preclude the execution of favorable actions to a Soldier who may be in an unfavorable status (not in good standing) and the movement of a Soldier when it is in the best interests of the Army for the Soldier to remain in his or her current unit or at his or her current location until cleared of ongoing actions.  More than one flag may be required concurrently. Examples of circumstances requiring nontransferable flags include:

	a.  "Adverse actions" (flag code A).  Commanders must flag Soldiers for adverse actions including, but not limited to (except drug or alcohol related offences):

		(1)  Initiation of proceedings under Article (ART) 15, Uniform Code of Military Justice (UCMJ, ART 15); court-martial proceedings (immediately upon preferral of charges or pretrial confinement); or civilian criminal charges, restraint, or confinement.

		(2)  Initiation of proceedings for administrative reduction in grade for inefficiency or misconduct.

		(3)  Initiation of a nonpunitive memorandum of reprimand, censure, or admonishment.  The flag will be effective on the day the offense leading to the memorandum took place. 

		(4) Soldier who is absent without leave (AWOL).

	b.  "Involuntary separation or discharge" (field initiated (flag code B).  Soldiers pending involuntary separation or discharge, to include those pending separation under the Qualitative Management Program, must be flagged (except entry level performance and conduct separations initiated under Army Regulation 635–200). The effective date of the flag will be the date the commander signs the intent to separate notification memorandum to the Soldier or the date HQDA initiates an involuntary separation action.  The flag will be removed when the Soldier is reassigned to a transition point.

7.  Army Regulation 635-200, chapter 4, states a Soldier will be separated upon expiration of enlistment or fulfillment of service obligation.

8.  Army Regulation 635-5-1 (SPD Codes), Table 2-3 (Involuntary Discharge) states that the SPD code "JBK" is used to indicate the narrative reason for separation, "Completion of Required Active Service" under the provisions of Army Regulation 635-200, chapter 4.  The SPD code is to be used for Regular Army Soldiers who are separated upon their ETS and who are ineligible or, barred from, or otherwise denied reenlistment. 

9.  The SPD/RE Code Cross Reference Table provides instructions for determining the RE code for Active Army Soldiers and Reserve Component Soldiers.  This cross reference table shows the SPD code and a corresponding RE code.  The table in effect at the time of her discharge shows the SPD code of "JBK" has a corresponding RE code of "3."

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record shows the applicant was flagged on 18 May 2011.  Her flag codes indicate she was flagged for an adverse action and a field initiated involuntary discharge.

2.  The evidence of record indicates the applicant engaged in some type of misconduct resulting in an adverse action.  The adverse action included a flag for adverse action and for the initiation of her involuntary separation upon her ETS.

3.  The evidence of record shows that the SPD Code "JBK" was the correct SPD code assigned to a Regular Army enlisted Soldier who was involuntarily separated under the provisions of Army Regulation 635-200, chapter 4, and who are ineligible or, barred from, or otherwise denied reenlistment.  As a result, the SPD code and associated RE code assigned were and remain valid.

4.  Based on the foregoing, there is insufficient evidence to grant the 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)                                         AR20140017723





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ABCMR Record of Proceedings (cont)                                         AR20140017723



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