APPLICANT REQUESTS:  Correction of appropriate military records to show a reentry eligibility (RE) code of 1 and a different separation code.

APPLICANT STATES:   In effect, that he has no record of non-judicial punishment under Article 15, Uniform Code of Military Justice nor any medical disabilities that would prevent him from reenlisting.

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

He was born on 9 April 1969.  He enlisted in the Regular Army on 14 June 1989 for 4 years.

The applicant was promoted to Specialist Four, E-4 on 1 September 1991.

The applicant was honorably discharged on 24 November 1992 for the purpose of immediate reenlistment on 25 November 1992 for 4 years.

There is no evidence in the records to show the applicant was on a promotion list to pay grade E-5.

On 24 November 1996, the applicant was honorably discharged, in pay grade  E-4, for completion of his required active service.  He was given an RE code of 3.  His separation code was JBK.  He had completed 7 years, 5 months and        11 days of creditable active service and had no lost time.

Pertinent Army regulations provide 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 covers eligibility criteria, policies and procedures for enlistment and processing into the Regular Army  (RA) and the U.S. Army Reserve.  Chapter 3 of that regulation prescribes basic eligibility for prior service applicants for enlistment.  That chapter includes a list of armed forces RE codes, including RA RE codes.

RE-3 applies to persons not qualified for continued Army service, but the disqualification is waiverable.  Soldiers ineligible for enlistment because they fail to meet prior grade and service criteria (in the applicant’s case, last separated in grade E-4 with more than 5 years active federal service) fall into this category.

Recruiting personnel have the responsibility for initially determining whether an individual meets current enlistment criteria.  They are required to process a request for waiver under the provisions of Chapter 4, Army Regulation 601-210, Regular Army and Army Reserve Enlistment Program.  Since enlistment criteria does change, and since an individual has the right to apply for a waiver, the applicant should periodically visit his local recruiting station to determine if he should apply for a waiver.

Army Regulation 635-5-1 prescribes the specific authorities, reasons for separating soldiers from active duty and the separation program designator (SPD) code to be entered on the DD Form 214.

SPD code JBK is given a soldier upon an involuntary discharge upon his completion of required active service.  It is used for Regular Army soldiers ineligible for or otherwise denied reenlistment who are separated on completion of enlistment.  The applicant would not have been qualified for reenlistment because, as an E-4 not on an E-5 promotion list, a subsequent enlistment would have carried him beyond the retention point for E-4s.

DISCUSSION:  Considering all the evidence, allegations, and information presented by the applicant, together with the evidence of record, applicable law and regulations, and advisory opinion, 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.  The applicant was not eligible to reenlist due to his nearness to the maximum E-4 retention point of 8 years active federal service; therefore, RE code 3 was and still is appropriate.  The applicant was disqualified from reenlistment, but the disqualification is waiverable.

3.  The given SPD code of JBK was correct, as it is given to Regular Army soldiers ineligible for reenlistment who are separated on completion of enlistment.

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

                       DENY APPLICATION

                                Loren G. Harrell
					 	Director