MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:       

	BOARD DATE:            29 June 2000
	DOCKET NUMBER:   AR2000038872

	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. Carl W. S. Chun		Director	
	Mr. Joseph A. Adriance		Analyst	

The following members, a quorum, were present:

	Ms. JoAnn H. Langston		Chairperson	
	Ms. John N. Slone		Member	
	Mr. Melvin H. Meyer		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 reentry (RE) code and separation designator (SPD) code be changed. 

APPLICANT STATES:  In effect, that he was not informed of the codes he would receive prior to, during, or after his expiration of term of service (ETS).  He claims to have served his country dutifully and with honor.  He indicates that he held positions of responsibility and received awards and decorations to recognize his meritorious service. 

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

He entered the Regular Army on 2 March 1977 for 4 years.  He successfully completed One Station Unit Training (OSUT) at Fort Sill, Oklahoma.  Upon completion of his training he was awarded military occupational specialty (MOS) 13B (Cannon Crewman) and he was assigned to overseas duty in Korea for his first permanent duty station. 

The applicant served in Korea until July 1978 when he completed his overseas tour.  At this time he was reassigned to Fort Sill, Oklahoma, where he arrived for duty in August 1978.  On 1 September 1979, he was promoted to the rank of specialist/E-4, which is the highest rank he attained while on active duty and on 
7 March 1980, he received an Army Good Conduct Medal for three years of honorable service.  

The applicant’s record does contain derogatory information.  It shows that on 
2 March 1979 the applicant went AWOL from his unit and remained away for 
4 days until returning to military control on 6 March 1979. 

The evidence of record includes a DD Form 214 (Certificate of Release or Discharge from Active Duty) issued to and signed by the applicant on the date of his separation.  This document shows that on 6 March 1981, he was released from active duty, under the provisions of Army Regulation 635-200, by reason of ETS.  The form also shows that he received an honorable characterization of service and that he had completed a total of 4 years of active military service.  Block 26 of the form contained an assigned SPD code of LBK and block 
27 included an RE code of 3B.  

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.  RE-3 applies to persons not qualified for continued Army service, but the disqualification is waivable.  The regulation, in effect at the time of the applicant’s discharge, dictated that an RE code of 3B be assigned to individuals who had accrued time lost during their enlistment due to AWOL or confinement.

AR 635-5-1 (Separation Program Designator (SPD) Codes) provides 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.  The SPD code of LBK was the appropriate code for the applicant based on the guidance provided in Army Regulation 635-5-1 for soldiers separating at ETS who were ineligible for, barred from, or otherwise denied reenlistment.  

Table 2-3 (SPD/RE Code Cross Reference Table) of Army Regulation 
635-5 (Separation Documents), in effect at the time, established that  RE Code 
3B would be assigned in cases when members separating by reason of ETS had accrued time lost through AWOL or confinement during the enlistment.  

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.  The Board noted the applicant’s contention that he was not informed of the assigned RE and SPD codes before, during, or after his separation.  However, the Board found that this claim lacked merit.  Further, the Board was satisfied, lacking evidence to the contrary, that all requirements of law and regulation were met and the rights of the applicant were fully protected throughout his separation process.  

2.  The evidence of record includes a DD Form 214 that was issued to the applicant on the date of his release from active duty.  This document and its contents, which included the contested SPD and RE codes, was authenticated by the applicant with his signature on the date of his separation.  In addition, the Board determined that the SPD and RE codes contained on the DD Form 214 were properly and equitably assigned, under the provisions of the regulations in effect at the time, and that there was no basis for changing those codes at this time. 

3.  The Board also noted the applicant’s contention that he served dutifully and with honor and does not take issue with this claim.  However, the Board does conclude that his service was appropriately recognized by the honorable characterization of service granted him upon his separation, which authorizes him all due Army and veterans benefits.  

4.  In addition, the Board determined that the contested codes do not detract from the applicant’s honorable service nor did they serve an injustice upon him or his family by denying them earned Army or veterans benefits.  Therefore, the Board found no basis for granting the requested relief in this case. 

5.  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 this requirement.

6.  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

___mm__  ___jhl___  ___js____  DENY APPLICATION

		    Carl W. S. Chun
		    Director, Army Board for Correction
    of Military Records

INDEX

CASE ID	AR2000038872	
SUFFIX		
RECON		
DATE BOARDED	2000/06/29	
TYPE OF DISCHARGE	HD	
DATE OF DISCHARGE	1981/03/06	
DISCHARGE AUTHORITY	AR 635-200 C2	
DISCHARGE REASON	ETS	
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.  4	100.0300	
2.  189	110.0000	
3.		
4.		
5.		
6.