PROCEEDINGS

	IN THE CASE OF:        

	BOARD DATE:            16 June 1999
	DOCKET NUMBER:   AR1998001210

	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.  

	Mr. Loren G. Harrell		Director	
	Mr. Jessie B. Strickland		Analyst	

The following members, a quorum, were present:

	Mr. James M. Alward		Chairperson	
	Mr. Melvin H. Meyer		Member	
	Mr. Allen L. Raub		Member	

	The applicant and counsel if any, did not appear before the Board.

	The Board considered the following evidence:

	Exhibit A - Application for correction of military 
            records
	Exhibit B - Military Personnel Records (including
	            advisory opinion, if any)

FINDINGS:

1.  The applicant has exhausted or the Board has waived the requirement for exhaustion of all administrative remedies afforded by existing law or regulations.

2.  The applicant requests, in effect, that the separation code (KBK) given him at the time of his separation be changed to a separation code that will afford him full separation benefits.

3.  The applicant states, in effect, that he should have received full separation benefits due to the fact that he had reached his Retention Control Point (RCP) for his grade and was denied further reenlistment in the active Army.  He goes on to state that the applicable regulations specify his entitlements to full separation pay and his orders indicate them as well.  However, at the time of his separation he only received one-half separation pay. 

4.  The applicant’s military records show that he initially enlisted on 24 August 1982 and served until he was honorably released from active duty on 28 August 1985 and was transferred to the USAR.  He again enlisted on 10 May 1990 and served until he was honorably discharged on 9 May 1994 due to his having completed his required service and because he had been denied reenlistment due to having reached the RCP for his pay grade.  At the time of his separation he was issued a separation code of “KBK” and Reentry (RE) code of “1”.  His orders and DD Form 214 indicate that he was authorized full separation pay.  However, at the time of separation it appears that based on the separation code of “KBK” he was only authorized one-half separation pay.  He had served 7 years and 5 days of active Federal service.

5.  Department of the Army Circular 635-92-1 outlines the eligibility criteria for separation pay.  It states, in pertinent part, that soldiers denied continuation on active duty under established RCP provisions and separated at ETS are authorized full separation.  The maximum RCP for personnel serving in the pay grade of E-4 was 8 years of AFS.

6.  Army Regulation 635-5-1 implements Department of Defense (DOD) policy for standardization of entries on the DD Form 214 and provides the separation codes to be used and the authorities and reasons for their usage and control.  It states, in pertinent part, that enlisted soldiers denied continued service who are separated at ETS will receive separation code “JBK” and an RE code of “3”.

7.  Army Regulation 601-210 an explanation of RE codes.  It states, in pertinent part, that RE Code “3” applies to persons who are not considered fully qualified for reentry or continuous service at the time of separation, but that the disqualification is waivable.

CONCLUSIONS:

1.  Although it cannot be determined by the Board based on the available records the amount of separation pay the applicant received, he was properly discharged in accordance with applicable regulations with entitlement to full separation pay and benefits.  However, it appears than an administrative error occurred and that he was not issued the correct separation and RE codes that were applicable to his separation.

2.  Therefore, in the interest of justice, his records should be corrected to show that he was issued a separation code of “JBK” and an RE code of “3”.

3.  Additionally, in the event that he did not receive full separation pay and benefits, he should receive them at this time.

4.  In view of the foregoing, the applicant’s records should be corrected as recommended below.

RECOMMENDATION:

That all of the Department of the Army records related to this case be corrected in the interest of justice by showing that the individual concerned was issued a separation code of “JBK”, an RE code of “3”, and entitlement to full separation pay and benefits.

BOARD VOTE:  

__mm ___  ___alr___  __ja____  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		____James M. Alward_____
		        CHAIRPERSON

INDEX

CASE ID	AR1998001210	
SUFFIX		
RECON		
DATE BOARDED	1999/06/16	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY	 	
DISCHARGE REASON		
BOARD DECISION	GRANT	
REVIEW AUTHORITY		
ISSUES         1.  4 	100.0300/RE CODE	
2.  189 	110.0000/CORR 214	
3.  291 	128.0800/SEVERANCE PAY	
4.		
5.		
6.