Application Receipt Date: 060817	

Prior Review    Prior Review Date: None

I.  Applicant Request
Request:  Upgrade     Reason Change     RE Code Change    

Issues: The applicant states, in effect, that he needs the separation code changed to represent an honorable discharge.

II.  Were Proper Discharge and Separation Authority procedures followed?  
Yes    No        Tender Offer:   ?????

See Attachments:  Legal     Medical     Minority Opinion     Exhibits 

III.  Original Character of Discharge
Unit CDR Recommended Discharge:    Date: NIF
Discharge Received:     Date: 970420   
Chapter: 4    AR: 635-200
Reason: Completion of Required Active Service
RE:     SPD: JBK
Unit/Location: Military Intelligence Battalion, POS, CO, OPS BN, FC, Fort Lewis, WA  98433 

Time Lost: None

Article 15s (Charges/Dates/Punishment): None

Court-Martials (Charges/Dates/Punishment): None

Counseling Records Available: Yes    No 

IV.  Soldier’s Overall Record
DOB:  710325  
Current ENL Date: 910625    Current ENL Term: NIF Years  ?????
Current ENL Service: 5 Yrs, 9 Mos, 26 Days ?????
Total Service:  9 Yrs, 0 Mos, 23 Days ?????
Previous Discharges: ARNGUS-880328-890601/NA
                                      IADT-890602-890829/Unchar
                                      ARNGUS-890830-910624/HD (Concurrent Service)
Highest Grade: E5
Performance Ratings Available: Yes    No 
MOS: 31C20 Single Channel Radio Operator   GT: 107   EDU: HS Grad   Overseas: NIF (See DD Form 214, item 12(f)   Combat: None
Decorations/Awards: AAM (2), NDSM, GCMDL, NCOPDR, ASR, OSR
V.  Post-Discharge Activity
Home of Record: 
Current Address: 
Post Service Accomplishments: None Listed

VI.  Facts, Circumstances, and Legal Basis for Separation

      a.  Facts and Circumstances:
      The specific facts and circumstances leading to the applicant’s release from active duty are not contained in the available records.  However, the record does contain a properly constituted DD Form 214 (Certificate of Release or Discharge from Active Duty) which was authenticated by the applicant.  His DD Form 214 indicates that he was released from active duty under the provisions of Chapter 4, AR 635-200 by reason of expiration term of service with an honorable discharge, a separation code (SPD) of "JBK" ( i.e., involuntary discharge) and a reentry eligibility (RE) code of "3."   

      b.  Legal Basis for Separation:  
      Army Regulation 635-200, in effect at the time, set forth the basic authority for separation of enlisted personnel.  Chapter 4 of that regulation provided, in pertinent part, for the separation of individuals at completion of required service (i.e., expiration term of service).

      c.  Response to Issues, Recommendation and Rationale:  
      After a careful review of all the applicant’s military records, and the issue he submitted, the analyst determined that the the type of separation on the applicant's DD Form 214 block 23 and 26 (i.e., Release or Discharge) and the separation code (SPD) be administratively corrected.  The evidence of record shows that the applicant was involuntarily released upon completion of enlistment and transferred to the 248th Support Center (RADC) (WZG1AA), Mile Hill Drive, Port Orchard, WA to complete a military service obligation.  He was honorabley released from active duty (REFRAD) under the provisions of Army Regulation 635-200, Chapter 4, by reason of completion of required active service.  His DD Form 214 shows he was assigned a Separation (SPD) code of "JBK" and RE code of RE-3.  Army Regulation 635-5-1 (SPD Codes), then in effect, provide 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.  Note 7 to table C-1 (SPD) Codes Applicable to Enlisted Personnel) indicated that SPD "JBK" was used for Regular Army soldiers ineligible for, barred from, or otherwise denied reenlistment who were separated on completion of enlistment.  The applicant's DD Form 214 Block 23 indicated that he was "discharged;" however, he was actually released from active duty (REFRAD).  Army Regulation 635-5 (Separation Codes), in effect at the time of the applicant’s release from active duty, establishes “LBK” as the proper separation code to assign to soldiers who are involuntarily released from active duty and reassigned to complete a military service obligation.  He was assigned an RE code of 3 which indicates that there was a signed declination for continued service, DA Form 4991-R in his official record.  In view of the foregoing, the analyst recommends that the board administratively change the type of separation on the applicant's DD Form 214, Block 23 and 26 to "Release from active duty," with a corresponding separation code (SPD) of "LBK."  
      
      
      
      
      
      
      
      
      
      
      
      
      
      
      
      
      
      
      
      
      
      
      
      
      
      
      
      

VII.  Summary of Army Discharge Review Board Hearing 

Type of Hearing: 			Date: 26 September 2007              
Location: Washington, DC

Did the Applicant Testify?  Yes     No  

Counsel: N/A

Witnesses/Observers: N/A 

Exhibits Submitted: N/A




VIII.  Board Decision
The discharge was:			Proper	 	Improper	
				                 	Equitable	 	Inequitable	

The characterization of service was:   Proper	 	Improper	
				                 	Equitable	 	Inequitable	

The narrative reasons were: 	       	Equitable	 	Inequitable	

DRB voting record:  		      Change 0    No change 5   - Character
		 			      Change 0    No change 5   - Reason
					      (Board member names available upon request)

IX.  Board Discussion, Determination, and Recommendation
After carefully examining the applicant’s record of service during the period of enlistment under review, and considering the analyst’s recommendation and rationale, the Board voted to make an administrative change to the applicant's DD Form 214, Block 23 and 26 to "Release From Active Duty," with a corresponding separation code (SPD) of "LBK."   























Case report reviewed and verified by: Mr. Ron Williams, Examiner									        
X.  Board Action Directed
No Change 
Issue a new DD Form 214  
Change Characterization to:    
Change Reason to: NA
Other: Administratively change block 23 and 26 on the applicant's DD Form 214, to read "Release From Active Duty" with a corresponding separation code (SPD) of "LBK."
RE Code:  
Grade Restoration:   No   Yes  Grade: NA

XI.  Certification Signature and Date
Approval Authority: 

MARK E. COLLINS
Colonel, U.S. Army
President, Army Discharge Review Board

Official: 


CHRISTINE U. MARTINSON			DATE: 19 October 2007
Lieutenant Colonel, U.S. Army
Chief, Secretary Recorder
ARMY DISCHARGE REVIEW BOARD - CASE REPORT AND DIRECTIVE

Case Number AR20060011700

Applicant Name:  Mr.       
______________________________________________________________________


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