PROCEEDINGS

	IN THE CASE OF: 

	BOARD DATE:  20 March 2001
	DOCKET NUMBER:  AR2000050058

	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. Vic Whitney		Analyst	

  The following members, a quorum, were present:

	Mr. Fred N. Eichorn		Chairperson	
	Mr. William D. Powers		Member	
	Mr. Raymond J. Wagner		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, in effect, that the reason and authority for his separation from active duty be corrected to show that he was separated by reason of completion of required active service.  

3.  The applicant states that his separation code and his reentry code are not correct.  He submits a copy of his DD Form 214 (Certificate of Release or Discharge from Active Duty) worksheet and his final DD Form 214 which he received in the mail in support of his application.

4.  The applicant’s military records show that he was serving on active duty in the pay grade of E-5 when he reenlisted for 3 years on 14 March 1997.  His new expiration of term of service (ETS) was 13 March 2000.  He was promoted to the pay grade of E-6 effective 1 August 1997.

5.  On 9 December 1999 the applicant was reassigned to the transition center, effective 18 January 2000, with a separation date of 13 March 2000.  Effective 15 December 1999 the applicant enlisted in the USAR to be effective on his separation from active duty on his ETS.  Also on 15 December 1999 his reassignment orders were amended to show his USAR unit of assignment.

6.  Effective 13 March 2000 the applicant was separated from active duty in the pay grade of E-6 and transferred to the USAR.  He had 7 years, 11 months, and 25 days creditable service.  His DD Form 214 shows that he received an honorable discharge under the provisions of Army Regulation 635-200, paragraph 16-5a.  The separation code shows KGH with a RE code of 3.  The narrative reason for separation shows non-retention on active duty.  The form does not show that he was entitled to any separation pay.  The applicant was not available for signature.

7.  A review of the applicant’s available records fails to show any documents to support an administrative separation process.  There is no bar to reenlistment documentation or declination of continued service statement in the record.  Additionally there are no derogatory comments on his evaluation reports or record of punishment imposed under Article 15, UCMJ in the records.

8.  The DD Form 214 worksheet provided by the applicant is identical to the final DD Form 214 in all respects except for blocks 25 through 28.  The worksheet shows the separation authority as AR 635-200, chapter 4.  The separation code shows KBK with an RE code of 1.  The narrative reason for separation shows completion of required active service.

9.  Army Regulation 635-200, paragraph 16-5a provides for the separation of soldiers denied reenlistment based on a DA imposed bar to reenlistment under the Qualitative Management Program (QMP).

10.  AR 601-280 provides the policy for reenlistment or extensions of Active Army soldiers.  Chapter 10 provides the policy for denying reenlistment under the QMP program.  It states that qualitative screening for soldiers in the pay grade of E-6 takes place during regularly scheduled promotion selection boards.  

11.  Army Regulation 635-5-1 provides the policy for specific authorities for separation and the separation codes to be entered on the DD Form 214.  It shows that the separation of enlisted personnel on reaching their ETS will reflect AR 635-200, chapter 4.  It also shows that the narrative reason for separation will be completion of required active service with a separation code of KBK, which only authorizes a RE code of 1.

CONCLUSIONS:

1.  It appears that an error occurred in the final preparation of the applicant’s DD Form 214.  There is no evidence of record, nor evidence in the record, to support his separation for reasons other than ETS.

2.  Based on his date of rank of 1 August 1997, there is no evidence to show that he was in a zone of consideration for promotion to the pay grade of E-7 prior to his separation on 13 March 2000.  There is no evidence of record that a DA bar to reenlistment was imposed on the applicant under the QMP program.

3.  The applicant’s DD Form 214 should be corrected to show that he was separated by reason of completion of required active service with an RE code of 1.

4.  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 for the individual concerned be corrected by issuing a new DD Form 214 to show that the separation authority was AR 635-200, chapter 4 with a separation code of KBK and a RE code of 1.  The narrative reason for separation should show completion of required active service.

BOARD VOTE:  

__fe___  ___wp__  ___rw___  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		____Fred N. Eichorn____
		        CHAIRPERSON

INDEX

CASE ID	AR2000050058	
SUFFIX		
RECON		
DATE BOARDED	20010320	
TYPE OF DISCHARGE	(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)	
DATE OF DISCHARGE	YYYYMMDD	
DISCHARGE AUTHORITY	AR . . . . .  	
DISCHARGE REASON		
BOARD DECISION	(NC, GRANT , DENY, GRANT PLUS)	
REVIEW AUTHORITY		
ISSUES         1.		
2.		
3.		
4.		
5.		
6.