MEMORANDUM OF CONSIDERATION

	IN THE CASE OF: 

	BOARD DATE:           30 September 1998                   
	DOCKET NUMBER:   AC98-09195

	I certify that hereinafter is recorded the record of consideration of the Army Board for Correction of Military Records in the case of the above-named individual.

	Mr. Loren G. Harrell		Director	
	Mrs. Carolyn G. Wade		Analyst	

  The following members, a quorum, were present:

	Ms. Irene N. Wheelwright		Chairperson	
	Mr. Raymond V. O’Connor, Jr.		Member	
	Mr. James M. Alward		Member	

	The Board, established pursuant to authority contained in 10 U.S.C. 1552, convened at the call of the Chairperson on the above date.  In accordance with Army Regulation 15-185, the application and the available military records pertinent to the corrective action requested were reviewed to determine whether to authorize a formal hearing, recommend that the records be corrected without a formal hearing, or to deny the application without a formal hearing if it is determined that insufficient relevant evidence has been presented to demonstrate the existence of probable material error or injustice.

	The applicant requests correction of military records as stated in the application to the Board and as restated herein.

	The Board considered the following evidence:

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

APPLICANT REQUESTS:  In effect, that his Separation Program Designator (SPD) code JBK and Reentry (RE) code 3A be changed to reflect he was voluntarily discharged from the military instead of involuntarily discharged.

APPLICANT STATES:  In effect, that his SPD and RE codes are unjust because he was voluntarily separated due to expiration of his term of service.

EVIDENCE OF RECORD:  The applicant's military records show:

On 25 April 1978 the applicant enlisted in the Regular Army (RA).

On 24 July 1990 after being counseled twice the applicant signed a declination of continued service statement (DCSS) declining further service.  This DCSS in effect, barred him from reenlistment.

On 29 May 1991 the applicant signed up for a transition enlistment into the US Army Reserve (USAR) for a period of 1 year.

On 9 July 1991 the applicant was discharged from the RA after completing 13 years, 2 months, and 15 days of active military service with an honorable discharge.

On 10 July 1991 the applicant began his USAR commitment with CO A, 972 Engineer Battalion (C), Building 724, Camp Atterbury, Edinburg, Indiana.

On 9 January 1992 the applicant enlisted in the Indiana Army National Guard for a period of 3 years.  On 10 December 1994 the applicant extended his current enlistment for a period of 6 years, establishing an expiration of term of service (ETS) of 8 January 2001.

On 23 October 1997 the Army Discharge Review Board (ADRB) denied the applicant’s request to change his SPD code.  Changing the applicant’s SPD code was not within the purview of the ADRB.

Army regulation 635-200 sets forth the basic authority for the separation of enlisted personnel.  Chapter 4 of this regulation provides the policy and procedures for the separation of enlisted personnel by reason of ETS.  Paragraph 4-4, provides that a soldier being separated upon the expiration of enlistment or fulfillment of service obligation will be awarded a character of service of honorable, unless the soldier is in entry level status and service is uncharacterized.

Army Regulation 635-5-1, in effect at the time, gives instructions on the use of SPD codes and the authorities and reasons therefor.

DISCUSSION:  Considering all the evidence, allegations, and information presented by the applicant, together with the evidence of record, applicable law and regulations, it is concluded:

1.  In order to justify correction of a military record the applicant must show to the satisfaction of the Board, or it must otherwise satisfactorily appear, that the record is in error or unjust.  The applicant has failed to submit evidence that would satisfy the aforementioned requirement.

2.  Although all the facts and circumstances pertaining to the applicant’s discharge are not on file, and given no evidence to the contrary, this Board presumes administrative regularity in the processing of the applicant’s discharge.

3.  The applicant’s discharge from active duty upon ETS was accomplished in accordance with law and regulation applicable at the time of discharge.  The applicant was considered to be in an involuntary status because he authenticated a DCSS, in effect barring himself from reenlistment for 93 days and did not voluntarily request discharge prior to his ETS.  If, he had requested discharge prior to completion of his ETS, it would have been considered voluntary.  The SPD and RE codes assigned the applicant were proper and equitable. 

4.  In view of the foregoing, there is no basis for granting the applicant's request.

DETERMINATION:  The applicant has failed to submit sufficient relevant evidence to demonstrate the existence of probable error or injustice.

BOARD VOTE:

________  ________  ________  GRANT

________  ________  ________  GRANT FORMAL HEARING

___inw__  ___rvo__  ___jma___  DENY APPLICATION

						Loren G. Harrell
						Director