MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:           6 March 2001                   
	DOCKET NUMBER:   AR2000043282

	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	
	Ms. Carolyn G. Wade		Analyst	

  The following members, a quorum, were present:

	Mr. Stanley Kelley 		Chairperson	
	Mr. Ernest W. Lutz 		Member	
	Mr. Harry B. Oberg 		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:  That his reentry eligibility (RE) code and his separation program designator (SPD) code be changed.

APPLICANT STATES:  In effect, that his RE code should be RE-1 and his SPD code should be MBK, completion of required active service.

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

He enlisted in the Regular Army (RA) for 3 years on 3 November 1992.  On 
6 March 1995, the applicant reenlisted in the RA for 4 years.

The applicant’s record is void of the specific facts and circumstances concerning events that led to his discharge from the Army.  The Board noted that the applicant’s record contains a properly constituted DD Form 214 (Certificate of Release or Discharge from Active Duty) which was authenticated by the applicant.  This document identifies the separation authority, narrative reason, characterization of service, SPD code and RE code and the Board presumed government regularity in the discharge process.

The separation authority for the applicant’s discharge indicates the applicant was discharged due to a locally-imposed bar to reenlistment.  Procedurally, once the applicant was barred, he could attempt to overcome the bar or request discharge if he felt he could not overcome the bar.  It appears the applicant chose to be discharged.  

Accordingly, on 15 October 1995, the applicant was discharged from the Army under the provisions of chapter 16-5b, Army Regulation 635-200 by reason of non-retention on active duty with an honorable discharge.  He was discharged after completing 2 years, 11 months, and 13 days of creditable military service.  
His DD Form 214 reflects the narrative reason as non-retention on active duty, with a SPD code of KGH, and a RE code of RE-3.

Army Regulation 635-200 sets forth the basic authority for the separation of enlisted personnel.  Chapter 16 covers discharges caused by changes in service obligations.  Paragraph 16-5 applies to personnel denied reenlistment and provides that soldiers who receive a DA-imposed or locally-imposed bar to reenlistment, and who perceive that they will be unable to overcome the bar may apply for immediate discharge. Incident to the request, the member must state that he understands that recoupment of unearned portions of any enlistment or reenlistment bonus is required and that later reenlistment is not permitted.

Army Regulation 635-5-1, Separation Program Designator (SPD) Codes, contains narrative reasons for discharge, the appropriate SPD codes for those narrative reasons, and a cross-reference to the applicable RE code.  Soldiers separated for the purpose of non-retention on active duty are issued an SPD code of KGH and an RE code of RE-3.

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 applicant’s record is void of the specific facts and circumstances surrounding his discharge.  In the absence of evidence to the contrary, it is presumed that the discharge proceedings were conducted in accordance with laws and regulations applicable at the time.

2.  The Board carefully reviewed the applicant’s records and determined that his RE code of RE-3 and SPD code of KGH are the appropriate codes for his narrative reason for discharge.

3.  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.

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

__sk____  __ewl____  __hbo___  DENY APPLICATION

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

INDEX

CASE ID	AR2000043282	
SUFFIX		
RECON		
DATE BOARDED	20010306	
TYPE OF DISCHARGE	(HD)	
DATE OF DISCHARGE	19951015	
DISCHARGE AUTHORITY	AR 635-200, chapter 16-5b	
DISCHARGE REASON	Non-retention on active duty	
BOARD DECISION	DENY	
REVIEW AUTHORITY	DASA	
ISSUES         1.		
2.		
3.		
4.		
5.		
6.