PROCEEDINGS

	IN THE CASE OF:  

	BOARD DATE:           21 December 2000
	DOCKET NUMBER:   AR2000044660

	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. William Blakely		Analyst	

  The following members, a quorum, were present:

	Ms. Karol A. Kennedy		Chairperson	
	Mr. Ernest W. Lutz		Member	
	Ms. Gail J. Wire		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 item 27 (Reentry Code) of his separation document (Certificate of Release or Discharge from Active Duty – DD Form 214) be corrected to show that he has a reentry (RE) code of 1.

3.  The applicant states that he believes the RE code 3 that is listed on his DD Form 214 is incorrect.  He states that he received an honorable discharge and served his full term of enlistment.  He states further that if his RE code cannot be changed, justification [presumably for the code] is needed in order for him to join the Coast Guard.  

4.  The applicant’s military records show that he enlisted in the Army on 
21 February 1996 for a period of 3 years as a ground surveillance system operator.  He served until he was honorably released from active duty on
20 February 1999 in pay grade E-4, under the provisions of Army Regulation 635-200, chapter 4, by reason of “completion of required service.”  He was assigned a reentry code of 3 and a separation program designator (SPD) code of LBK.  Among his awards and decorations are the Army Achievement Medal and the Army Commendation Medal for the period 18 June 1996 to 
20 February 1999 for exceptionally meritorious service.  Award of the Army Good Conduct Medal (AGCM) is not reflected on his DD Form 214.    

5.  A review of his records failed to reveal any derogatory information.  

6.  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 processing into the Regular Army and the United States Army Reserve.  Chapter 3 of that regulation prescribes basic eligibility for prior service personnel.  That chapter includes a list of armed forces RE codes.  RE-3 applies to persons not qualified for continued Army service, but the disqualification is waivable.  RE-1 applies to persons completing their terms of service who are considered fully qualified to reenter the US Army.

7.  Army Regulation 635-5-1 prescribes the specific authorities (regulatory, statutory, or other directives), pertaining to the reasons for separation of members from active military service and the SPD to be assigned for these stated reasons.  The appendix of that regulation provides that an SPD code of “LBK” will be assigned to indicate an involuntary separation of a Regular Army soldier who is ineligible for, barred from, or otherwise denied reenlistment who is separated upon completion of enlistment.  The SPD code of “MBK” indicates the voluntary separation of a soldier upon completion of required active service.

8.  Army Regulation 600-8-22 provides that the AGCM is awarded to individuals who distinguish themselves by their conduct, efficiency and fidelity during a qualifying period of active duty enlisted service.  This period is 3 years except in those cases when the period for the first award ends with the termination of a period of Federal military service.  Although there is no automatic entitlement to the AGCM, disqualification must be justified.  Current practice requires that the commander provide written notice of nonfavorable consideration and permits the individual to respond.

9.  Coordination with DFAS confirms that the applicant was not paid separation pay at the time of his 20 February 1999 separation.

CONCLUSIONS:

1.  The applicant completed the term of service for which he enlisted and was honorably released from active duty at the scheduled expiration of his term of service. 

2.  The Board notes that the applicant’s file is absent of any derogatory information or any other information that suggests he was ineligible for, barred from or otherwise denied reenlistment upon completion of his required service and release from active duty.  

3.  The Board also notes that the applicant’s record indicates he met the regulatory criteria for award of the AGCM.  Since there is no derogatory information in his records and no evidence of the denial of the award by his commander, and based upon his exemplary service as evidenced by the award of the Army Commendation Medal, his records should be corrected to show he received the AGCM.

4.  The Board is therefore confident that the SPD and RE codes assigned at the time of his release from active duty are incorrect.  In fact, it appears the applicant was fully eligible for reenlistment and should have been assigned an RE code of RE-1 and an SPD code of “MBK” instead of “LBK.” 

5.  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 an RE code of 1, SPD code of MBK, and was awarded the AGCM for his period of service from 21 February 1996 through 20 February 1999.

BOARD VOTE:  

__KAK__  __EWL__  __GJW__  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		____Karol A. Kennedy       _
		        CHAIRPERSON

INDEX

CASE ID	AR2000044660	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20001221	
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.	110.00	
2.		
3.		
4.		
5.		
6.