PROCEEDINGS

	IN THE CASE OF:       

	BOARD DATE:            2 August 2001
	DOCKET NUMBER:   AR2001054442

	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	
	Ms. Deyon D. Battle		Analyst	

The following members, a quorum, were present:

	Mr. Raymond J. Wagner		Chairperson	
	Ms. Barbara J. Ellis		Member	
	Mr. John P. Infante		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 her separation code be changed from JBM to JBK.

3.  The applicant states that the JBM separation code that she received indicates that she failed to complete her full time in service.  She states that the separation code that she received is incorrect because she completed her full term of service.

4.  The applicant’s military records show that on 7 June 1978, she enlisted in the Army for 4 years in the pay grade of E-1.  She successfully completed her training as a still photograph specialist.

5.  Orders Number 28-1 dated 4 March 1982 shows that the applicant was ordered to report to the separation transfer point on 2 June 1982.  According to the orders, she was to be released from active duty and transferred to the United States Army Reserve (USAR) Control Group on 6 June 1982.  The record shows that the applicant was in Germany when her separation orders were published. 

6.  An amendment to Orders Number 28-1 (Orders Number 46-2) were published on 9 April 1982 changing the applicant’s reporting date to the separation transfer point from 2 June to 26 May 1982.

7.  The records show that she was discharged and transferred to the USAR Control Group on 5 June 1982.  She had completed 3 years, 11 months and 29 days of total active service.

8.  Her Certificate of Release or Discharge (DD Form 214) shows that she was discharged under the provisions of Army Regulation 635-200, paragraph 5-12.  She was assigned a JBM separation code and her narrative reason for separation currently reads “short length of time remaining on active duty precludes reassignment”.  She was also assigned a reentry eligibility (RE) code of RE-2 (Persons separated for the Convenience of the Government, under chapter 5 of Army Regulation 635-200, whose reenlistment is not contemplated).

9.  Army Regulation 635-200 sets forth the basic authority for the separation of enlisted personnel.  Chapter 4 of that regulation states that a soldier will be separated upon expiration of enlistment or fulfillment of service obligation.  A soldier enlisted or ordered to active duty normally will be discharged or released from active duty on the date he or she completes the period for which enlisted or ordered to active duty.  Some soldiers’ term of service expires or they otherwise become eligible for discharge or release from active duty on a Saturday, Sunday,

or legal holiday.  These soldiers may consent to be discharged or released to or transferred to the USAR on the last working day before their normal date of discharge or release.  This includes soldiers within 30 days of the date of their expiration term of service who return to the Continental United States for separation.

10.  Army Regulation 635-5-1 prescribes the specific reasons for separating soldiers from active duty and the separation program designator (SPD) codes to be entered on DD Form 214.  It provides that when a soldier’s narrative reason for separation is upon completion of required active service a SPD code JBK will be entered in block 26 of the DD Form 214.

11.  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.

12.  RE-1 applies to persons who were fully qualified when last separated.

CONCLUSIONS:

1.  Errors were made during the preparation of the applicant’s DD Form 214 which resulted in her being assigned the incorrect type of separation, separation authority, narrative reason for separation, separation code and RE code.

2.  She was 2 days short of completing her 4-year service obligation and it is reasonable to presume that her term of service expired or she became eligible for release from active duty on a Saturday or Sunday.  Additionally, the records clearly show that she was in Germany at the time that her separation orders were published.

3.  She should have been released from active duty under the provisions of Army Regulation 635-200, chapter 4 and her DD Form 214 should be corrected accordingly.

4.  She completed her required active service and her separation code and RE code should coincide with her narrative reason for separation.

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:

a.  by amending the DD Form 214 of the individual concerned to show that she was released from active duty under the provisions of Army Regulation 
635-200, chapter 4;

b.  by showing that her narrative reason for separation was based on her completion of required service; and

c.  by assigning her a “JBK” separation code and an RE-1 reenlistment code.

BOARD VOTE:  

__be____  __jpi____  ___rjw___  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		____Raymond J. Wagner____
		        CHAIRPERSON

INDEX

CASE ID	AR2001054442	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	2001/08/02	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	GRANT PLUS	
REVIEW AUTHORITY		
ISSUES         1.  189	110.0000.0000	
2.  191	110.0200.0000	
3.		
4.		
5.		
6.