MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:       

	BOARD DATE:           8 November 2001
	DOCKET NUMBER:   AR2001059231

	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	
	Mrs. Carolyn G. Wade		Analyst	

  The following members, a quorum, were present:

	Mr. Fred N. Eichorn		Chairperson	
	Ms. Barbara J. Ellis		Member	
	Ms. Karen Y. Fletcher		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:  That his reentry (RE) code and his separation program designator (SPD) code be changed.

APPLICANT STATES:  In effect, that his RE code of RE-3 does not match his honorable discharge.

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

He enlisted in the Regular Army (RA) for 4 years on 2 April 1987.  On 27 June 1990, the applicant extended his current enlistment in the RA for 12 months.  On 23 September 1991, the applicant reenlisted for 2 years.  On 12 November 1992, the applicant extended his reenlistment for 16 months until 23 January 1995.

The applicant’s record is void of the specific facts and circumstances concerning events that led to his discharge from the Army.  The Board noted that the applicant’s record contains a properly constituted DD Form 214 (Certificate of Release or Discharge from Active Duty) which was authenticated by the applicant.  This document identifies the separation authority, narrative reason for separation, characterization of service, SPD code and RE code, and the Board presumed government regularity in the discharge process.

The applicant's DD Form 214 shows that, on 23 January 1995, he was discharged from the Army under the provisions of chapter 4, Army Regulation 635-200 by reason of completion of required active service with an honorable discharge.  He was discharged after completing 7 years, 9 months, and 22 days of creditable military service.  His DD Form 214 reflects the narrative reason as completion of required active service, with an SPD code of JBK and an RE code of RE-3.  He received separation pay in the amount of $12,391.32.

Army Regulation 635-5-1, Separation Program Designator (SPD) Codes, contains narrative reasons for discharge, the appropriate SPD codes for those narrative reasons, and a cross-reference to the applicable RE code.  Soldiers involuntarily separated for the purpose of completion of required active service are issued an SPD code of JBK and an RE code of RE-3.  The JBK code is used for RA soldiers ineligible for, barred from, or otherwise denied reenlistment who are separated on completion of enlistment.  Soldiers voluntarily separated for the purpose of completion of required active service are issued an SPD code of KBK and an RE code of RE-1.  The KBK code is used for a RA soldier eligible to reenlist who is discharged on completion of enlistment.  

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 record is void of the specific facts and circumstances surrounding his discharge.  In the absence of evidence to the contrary, it is presumed that the discharge proceedings were conducted in accordance with laws and regulations applicable at the time and that the appropriate SPD and RE codes were applied.

2.  The Board notes that the applicant received over $12,000 in separation pay benefits at the time of his discharge.  Separation pay is generally available to soldiers with good records who are qualified to remain in uniform, but are denied reenlistment or continuation due to reduction-in-force provisions, bars to reenlistment, and failure to promote, to name a few reasons.

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:

__FNE __  __KYF__  __BJE___  GRANT

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

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

INDEX

CASE ID	AR2001059231	
SUFFIX		
RECON		
DATE BOARDED	20011108	
TYPE OF DISCHARGE	HD	
DATE OF DISCHARGE	19950123	
DISCHARGE AUTHORITY	AR 635-200, c4	
DISCHARGE REASON	ETS	
BOARD DECISION	DENY	
REVIEW AUTHORITY	Director	
ISSUES         1.	100.0300	
2.		
3.		
4.		
5.		
6.