PROCEEDINGS

	IN THE CASE OF:      

	BOARD DATE:           07 FEBRUARY 2002
	DOCKET NUMBER:   AR2001062072

	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. Deborah L. Brantley		Senior Analyst	

  The following members, a quorum, were present:

	Mr. Fred N. Eichorn		Chairperson	
	Ms. Margaret K. Patterson		Member	
	Mr. Lester Echols		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 that several items on his 1998 DD Form 214 (Certificate of Release or Discharge from Active Duty) be corrected.  He states that item 12a (date entered AD this period) should reflect 29 June 1995, vice 
23 February 1992, that item 12c (net active service this period) should reflect 3 years, 4 months and 6 days, vice 6 years, 4 months and 6 days, and that item 27 (reentry code) should be corrected to permit him to reenlist in the Regular Army.  His RE (reenlistment eligibility) code is currently listed as “3.”

3.  The applicant’s Official Military Personnel File was not available to the Board. However, documents provided by the applicant indicate he initially entered military service as a member of the Texas Army National Guard on 30 August 1991.  He was ordered to active duty for the purpose of undergoing basic and advanced individual training on 12 February 1992 and remained on active duty until 17 June 1992, a period of 4 months and 6 days.  The applicant had 5 months and 13 days of “inactive” service as a member of the Army National Guard prior to entering active duty for training.

4.  The applicant remained a member of the Army National Guard until 28 June 1995, a period of 3 years and 10 days, when he was discharged for the purpose of enlisting in the Regular Army.  

5.  On 29 June 1995 the applicant enlisted in the Regular Army for a period of 3 years.  He remained on active duty until 28 June 1998 when he was discharged in pay grade E-4 at the completion of his enlistment contract.  His 1998 DD Form 214 reflects an RE code of “3” and a SPD (Separation Program Designator) code of “JBK.”  Item 12d (total prior active service) on the form reflects his 4 months and 6 days of prior active duty in 1992.

6.  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 prescribed basic eligibility for prior service applicants for enlistment.  That chapter includes a list of armed forces RE codes, including RA RE codes.  

7.  RE-3 applies to persons who were not considered fully qualified for reentry or continuous service at the time of separation, including those discharged with local or Department of the Army bars to reenlistment, those who exceed grade and length of service requirement, or those individuals with lost time due to AWOL (absent without leave) or confinement.

8.  Army Regulation 635-5-1 states that SPD codes are three-character alphabetic combinations, which identify reasons for, and types of separation from active duty.  The primary purpose of SPD codes is to provide statistical accounting of reasons for separation.  They are intended exclusively for the internal use of DOD and the military services to assist in the collection and analysis of separation data.  It notes that “JBK” is the appropriate SPD code for individuals separated upon completion of an enlistment contract but who are “ineligible for, barred from, or otherwise denied reenlistment….”

9.  A “cross-reference” chart, provided by officials from the separations branch at the U.S. Total Army Personnel Command, confirms that “RE-3” is the appropriate RE code for individuals who receive an SPD code of JBK.

CONCLUSIONS:

1.  Evidence provided by the applicant clearly shows that item 12a on his 1998 DD Form 214 should reflect that he entered active duty on 29 June 1995 and that item 12c should reflect 3 years.  The applicant’s contention that the item 12c should reflect 3 years, 4 months and 6 days, is in error.  His 4 months and 6 days of prior active service is appropriately captured in item 12d on the separation document.

2.  The Board notes, however, that notwithstanding the applicant’s contention that his 1998 RE code is in error, there is no evidence available to the Board that confirms the code is wrong.  The Board notes that the RE code is consistent with his SPD code and the absence of his complete OMPF makes it impossible to determine the validity of either code.  In the absence of evidence to the contrary the Board presumes regularity and in this case finds no basis to correct the existing code.  The Board does note, however, that an RE code of “3” is waivable and recommends the applicant contact his local recruiter to pursue such a waiver.

3.  In view of the foregoing, the applicant’s records should be corrected as recommended below.

RECOMMENDATION:

1.  That all of the Department of the Army records related to this case be corrected by correcting the applicant’s 1998 DD Form 214 to show that he entered active duty on 29 June 1995 (item 12a) and that he had 3 years of net active service (item 12c). 

2.  That so much of the application as is in excess of the foregoing be denied.

BOARD VOTE:  

__FNE __  __MKP__  __LE ___  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		____Fred N. Eichorn_____
		        CHAIRPERSON

INDEX

CASE ID	AR2001062072	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20020207	
TYPE OF DISCHARGE	(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)	
DATE OF DISCHARGE	YYYYMMDD	
DISCHARGE AUTHORITY	AR . . . . .  	
DISCHARGE REASON		
BOARD DECISION	GRANT	
REVIEW AUTHORITY		
ISSUES         1.	110.00	
2.		
3.		
4.		
5.		
6.