MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:       

	BOARD DATE:            8 February 2001
	DOCKET NUMBER:   AR2001051648

	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	
	Mr. George D. Paxson		Member	
	Mr. Donald P. Hupman, Jr.		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 Separation Program Designator (SPD)and Reentry (RE) codes contained on his Department of Defense (DD) Form 214 (Certificate of Release or Discharge from Active Duty) be changed and upgraded. 

APPLICANT STATES:  In effect, that he received an improper SPD code based on traffic felonies that he did not commit while on active duty and this resulted in his receiving an inappropriate RE code.  

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

He entered active duty on 18 November 1983 and served for three years until being honorably discharged, by reason of expiration of term of service (ETS), on 17 November 1986.  

The applicant’s Military Personnel Records Jacket (MPRJ) contains a copy of a Department of the Army (DA) Form 4126-R (Bar to Reenlistment Certificate), which was approved on 7 April 1986.  This document confirms that the bar to reenlistment was imposed on the applicant based on his record of nonjudicial punishment (NJP), non payment of just debts, and an off post arrest for driving without insurance.  

The DA 4126-R indicates the applicant accepted NJP on two separate occasions for disobeying lawful orders and that he had not paid his just debt, a furniture bill twice, on 23 July 1985 and 1 September 1986.  It also confirms that he was arrested for driving without insurance on 9 November 1985 and he had been detained for defective taillights on 7 and 20 February 1985.  

The MPRJ contains a copy of a valid DD Form 214 completed on the applicant at on the date of his separation, 17 November 1986.  This document confirms that the authority for his separation was chapter 4, Army Regulation 635-200 and that the reason for his separation was ETS.  It also confirms that he was assigned an SPD code of LBK and an RE code of 3.  

Army Regulation 635-5-1 (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 this regulatory guidance for soldiers separating under the provisions of AR 635-200, chapter 4, for ETS who was ineligible for, barred from, or otherwise denied reenlistment who is separated at the completion of their enlistment.  Additionally, Table 2-3 (SPD/RE Code Cross Reference Table), Army Regulation (Separation Documents) establishes
RE Code 3 as the proper reentry code to assign to soldiers separated for this reason.
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, however, after a careful evaluation of the evidence of record and the independent evidence submitted by the applicant, the Board finds this claim lacks merit. 

2.  The evidence of record clearly shows that the applicant was barred from reenlistment at the time of his separation and that the assignment of his SPD and RE codes were accomplished in accordance with applicable law and regulations in effect at the time. 

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

__jhl____  ___gp___  ___dh___  DENY APPLICATION

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

INDEX

CASE ID	AR2001051648	
SUFFIX		
RECON		
DATE BOARDED	2001/02/08	
TYPE OF DISCHARGE	HD	
DATE OF DISCHARGE	1986/11/17	
DISCHARGE AUTHORITY	AR 635-200 C4	
DISCHARGE REASON	ETS	
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1. 4	100.0300	
2.		
3.		
4.		
5.		
6.