PROCEEDINGS

	IN THE CASE OF:         

	BOARD DATE:             21 September 2000                  
	DOCKET NUMBER:    AR2000038909

	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. Carl W. S. Chun		Director	
	Mr. Walter Avery, Jr.		Analyst	

  The following members, a quorum, were present:

	Ms. JoAnn H. Langston		Chairperson	
	Mr. Curtis L. Greenway		Member	
	Mr. Eric N. Andersen		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 that his reentry (RE) code of RE-3 be changed to a RE-1.

3.  The applicant states that at the time of his separation he was fully eligible to reenlist.  He was a sergeant promotable and was not flagged or barred from reenlistment.

4.  His military records show that he enlisted into the Army on 30 October 1985.  He was trained as a material storage and handling specialist and through reenlistments continued to serve until his discharge from active duty on 28 November 1996.  The applicant is currently a sergeant with the New York National Guard.

5.  His DD Form 214 shows the authority for discharge as Army Regulation 635-200, Chapter 4, his narrative reason as completion of required active service, his separation program code (SPD) as JBK, and his RE code as RE-3.  His pay grade is reflected as E-5 and his total service as 10 years, 01 month and 19 days.

6.  A Performance and Interview Sheet Card contains an entry from the applicant’s company commander for the Nov-Dec 95 interview period indicating that the applicant had made the decision to leave at the end of his term of service and that he should start looking into civilian options.

7.  A DA Form 2A, Personnel Qualification Record Part 1, Section II, dated 4 September 1996 reflects that the applicant was a sergeant/E-5 promotable.   DA Form 2A, Item 33, Reenlistment Eligibility/Ineligibility reflects the code of “10”.

8.  Army Regulation 680-29, Military Personnel, Organization and Type of Transaction Codes, states in pertinent part that the data code “10” on the DA Form 2A indicates reenlistment eligibility 1.  Fully qualified for enlistment/reenlistment if all criteria are met.

9.  Army Regulation 601-280, Army Retention Program, provides in pertinent part that the maximum number of years of active federal service for a sergeant promotable is 20 years. 

CONCLUSIONS:

1.  The evidence of record clearly shows that the applicant was fully eligible for reenlistment at the time of separation.  Therefore, it is reasonable to presume that an administrative error resulted in the applicant being issued the wrong RE code and SPD code.  The applicant’s records should reflect the SPD code of KBK and the RE code of RE-1. 

2.  Therefore, it would be in the interest of justice to correct this administrative error at this time by issuing the applicant the proper SPD code of KBK and RE code of RE-1.

3.  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 by showing that the individual concerned was issued a SPD code of KBK and a RE code of RE-1 at the time of separation on 28 November 1996 instead of the SPD code of JBK and the RE code of RE-3 that is currently reflected in his records.

BOARD VOTE:  

___jhl___  ___clg___  ___ena _  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		_________JoAnn H. Langston______
		        CHAIRPERSON

INDEX

CASE ID	AR200038909	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20000921	
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.	110.02	
2.		
3.		
4.		
5.		
6.