PROCEEDINGS

	IN THE CASE OF:  

	BOARD DATE:            18 August 1999                  
	DOCKET NUMBER:    AR1999021447

	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. David E. Weightman		Analyst	

  The following members, a quorum, were present:

	Mr. Raymond V. O’Connor		Chairperson	
	Mr. Edward Williamson		Member	
	Ms. Sherri V. Ward		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 correction of appropriate military records to show a reentry eligibility (RE) code which would allow reenlistment.  In effect, this constitutes a request for removal or waiver of those disqualifications which preclude reenlistment.

3.  The applicant states his separation code JBK and his RE code RE-3 were not changed when his discharged was upgraded.  He was told that after 2 years he would be eligible to reenlist.  After several attempts he has been unable to join the Air National Guard.  He submits a copy of his upgraded DD Form 214 and a certificate showing he successfully completed residential rehabilitation at the 121st Evacuation Hospital, Korea, on 18 March 1986.

4. The applicant was enlisted in the Regular Army on 29 December 1976.

5.  He was trained and served as a utility helicopter repairer.

6.  He was transferred to Korea on 8 October 1978.

7.  He was reenlisted on 29 June 1979 for 4 years.  His reenlistment options were a reenlistment bonus and to remain in Korea.

8.  He was not favorably considered for award of the good conduct medal on 
28 December 1979.

9.  On 14 February 1980 he was convicted by a special court-martial for wrongfully kicking, pushing and grabbing a superior commissioned officer.

10.  He returned to the continental US for assignment to Fort Bragg, North Carolina on 29 June 1980.

11.  On 5 February 1981 he was promoted to sergeant E-5.

12.  On 13 May 1982 he was transferred to Korea.

13.  He was reenlisted for 3 years on 12 August 1983.  His reenlistment option was to remain in Korea.

14.  Through drug testing he was charged with drug abuse.  He received nonjudicial punishment under Article 15, UCMJ.  On 22 January 1986 he was enrolled in the Army rehabilitation track III program.

15.  He was recommended for discharge for misconduct.  He received a hearing by a board of officers.  The discharge was approved on 21 July 1986.

16.  On 12 August 1986 he was returned from Korea to the transition point at Oakland Army Base, California, for separation.

17.  On 14 August 1986 he received a general discharge, under honorable conditions, under the authority of Army Regulation 635-200, paragraph 14-12c, for misconduct – drug abuse.  His separation code was JKK, based on the reason for his discharge.  He was discharged in pay grade E-5 with 9 years, 
7 months and 16 days of net active service, and he was assigned code RE-3.

18.  On 13 December 1988 he was notified that his discharge was upgraded by the Army Discharge Review Board.  His discharge was changed to honorable, under the authority of Army Regulation 635-200, chapter 4, for expiration of his term of service, separation code JBK.  His RE-3 code was not changed.

19.  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 US 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.

20.  RE-3 applies to persons not qualified for continued Army service, but the disqualification is waivable.

21.  RE-1 applies to persons completing an initial term of active service and indicates eligibility for enlistment, provided otherwise qualified.

22.  RE-1A applies to careerists with over 4 years of service for pay, as in the applicant’s case.  It also specifies fully qualified, but ineligible to enlist for active duty within 93 days after date of separation; and fully qualified for enlistment in the USAR.

23.  Army Regulation 635-5-1 prescribes the use of separation codes (SPD’s).  It specifies that SPD codes are three character alphabetic combinations which identify reasons for, and types of, separation from active duty.  The sole purpose of SPD codes is to provide statistical accounting of reasons for separation.  They are intended exclusively for the internal use of DOD and the military services to assist in the collection and analysis of separation data.  It shows code JBK is used for separation based on Army Regulation 635-200, chapter 4, the expiration of term of service.

CONCLUSIONS:

1.  The applicant is entitled to a change of his RE code from RE-3 to RE-1A.

2.  The action of the ADRB to upgrade his discharge supports change of his RE code.

3.  The applicant’s current separation code (SPD) of JBK is correct.  It shows that he was discharged based upon the expiration of his term of service.  It need not be changed.

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

RECOMMENDATION:

1.  That all of the Department of the Army records related to this case be corrected by showing the individual concerned was assigned RE code RE-1A upon his discharge on 14 August 1986.

2.  That so much of the application as is in excess of the foregoing be denied.

BOARD VOTE:  

rvo_____  ew______  svw_____  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		______________________
		        CHAIRPERSON

INDEX

CASE ID	AR1999021447	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	1999 August 18	
TYPE OF DISCHARGE	(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)	
DATE OF DISCHARGE	YYYYMMDD	
DISCHARGE AUTHORITY	AR . . . . .  	
DISCHARGE REASON		
BOARD DECISION	GRANT	
REVIEW AUTHORITY		
ISSUES         1.	100.03	
2.		
3.		
4.		
5.		
6.