MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:           10 April 2001   
	DOCKET NUMBER:   AR2001051870

	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. Wanda L. Waller		Analyst	

  The following members, a quorum, were present:

	Ms. Sherri V. Ward 		Chairperson	
	Mr. George D. Paxson 		Member	
	Mr. James E. Anderholm 		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, correction of item 26 (Separation Code) on his DD Form 214 (Certificate of Release or Discharge from Active Duty).
 
APPLICANT STATES:  In effect, that he was separated for expiration term of service, not as a result of a bar to reenlistment.  He contends that item 
26 (Separation Code) on his DD Form 214 is incorrect.  He got out of the military because he did not want to reenlist at that time and there was no bar to reenlistment in effect.  He is trying to enlist in the USAR and cannot do so because of item 26 which states that he received some type of bar to reenlistment.  His reentry (RE) code was amended on 13 August 1993 from 
RE-4 to RE-3 and his separation code should have been changed as well.  In support of his application, he submits an undated letter of explanation; a letter, dated 7 December 2000, from the Review Boards Agency in St. Louis, Missouri; a copy of his DD Form 214 (Certificate of Release or Discharge from Active Duty); and a copy of his DD Form 215 (Correction to DD Form 214).    

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

The applicant enlisted on 13 March 1984, trained as a combat signaler and remained on active duty through continuous reenlistments.

On 7 January 1993 a bar to reenlistment was imposed against the applicant for not measuring up to Army standards and apathy.

The applicant was honorably discharged on 6 June 1993 under the provisions of Army Regulation 635-200, chapter 4, for expiration term of service.  The applicant was issued a RE-4.  Subsequently, on 13 August 1993, the applicant’s RE code was amended to show RE-3.

Item 26 (Separation Code) on his DD Form 214 shows “JBK”.  Army Regulation 635-5-1 (Separation Program Designator Codes) states the reason for discharge based on separation code “JBK” is “Completion of Required Active Service” and the regulatory authority is Army Regulation 635-200, Chapter 4.  

Army Regulation 635-200 sets forth the basic authority for the separation of enlisted personnel.  Chapter 4 of that regulation provides, in pertinent part, for the discharge or release from active duty upon termination of enlistment, and other periods of active duty or active duty for training.

Army Regulation 635-5-1 (Separation Program Designator Codes) prescribes the specific authorities (regulatory, statutory, or other directives), the reasons for the separation of members from active military service, and the separation program designators to be used for these stated reasons.

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 and processing into the Regular Army (RA) and the US Army Reserve.  Chapter 3 of that regulation prescribes basic eligibility for prior service applicants for enlistment. That chapter includes a list of armed forces RE codes, including RA RE codes.

RE-3 applies to persons not qualified for continued Army service, but the disqualification is waivable. Certain persons who have received nonjudicial punishment are so disqualified, as are persons with bars to reenlistment, and those discharged under the provisions of chapters 9, 10, 13, and 14 of Army Regulation 635-200.

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 contention that there was no bar to reenlistment in effect at the time of his separation, is not valid.  Evidence of record shows that a bar to reenlistment was approved on 7 January 1993. 

2.  The applicant’s contention that item 26 (Separation Code) on his DD Form 214 is incorrect, is not valid.  Evidence of record shows that the applicant was discharged under the provisions of Army Regulation 635-200, chapter 4, for expiration term of service.  His separation code shows “JBK” and the reason for discharge based on separation code “JBK” is completion of required active service, not as a result of a bar to reenlistment.  Therefore, item 26 (Separation Code) on the applicant’s DD Form 214 is correct as currently constituted.

3.  The applicant was properly discharged in accordance with applicable regulations with no indication of any procedural violation of the applicant’s rights. 

4.  The separation code and the RE code issued in the applicant’s case are correct and were applied in accordance with the applicable regulations.  

5.  The applicant has failed to show through the evidence submitted or the evidence of record that the separation code issued to him was in error or unjust.

6.  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.

7.  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

SVW____  GDP____  JEA_____  DENY APPLICATION

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

INDEX

CASE ID	AR2001051870	
SUFFIX		
RECON		
DATE BOARDED	20010410	
TYPE OF DISCHARGE	(HD)	
DATE OF DISCHARGE	19930606	
DISCHARGE AUTHORITY	AR 635-200 Chapter 4  	
DISCHARGE REASON	Expiration term of service	
BOARD DECISION	(DENY)	
REVIEW AUTHORITY		
ISSUES         1.	100.0000	
2.		
3.		
4.		
5.		
6.