PROCEEDINGS

	IN THE CASE OF:  

	BOARD DATE:  19 March 2002
	DOCKET NUMBER:  AR2001062114

	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. Joyce A. Wright		Analyst	

  The following members, a quorum, were present:

	Ms. Shirley Powell		Chairperson	
	Mr. Stanley Kelley		Member	
	Mr. Elzey J. Arledge		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 his separation program designator (SPD) code of “JBK” be change to “KBK.”  This is also, in effect, a request to change the underlying reenlistment (RE) code. 

3.  The applicant states that his SPD code of “JBK” is incorrect and that his enlistment in the United States Marine Corps (USMC) and the US Army were honorable.  He is now continuing his military career in the Alabama Army National Guard; however, his SPD code of “JBK” prevents him from obtaining a full time Army Guard/Reserve (AGR) position in the Army National Guard. 
He further states, in effect, that his SPD code of “JBK” means that his separation was involuntary, which he believes was not, and that his SPD code should have been “KBK.”  In support of his application, he submits a copy of his DD Form 214 (Certificate of Release or Discharge from Active Duty). 

4.  The applicant’s military records show he enlisted in the USMC on 6 October 1981 and was honorably released from active duty on 5 October 1985.  He was transferred to the US Marine Corps Reserve.

5.  He enlisted in the Regular Army for 3 years on 4 April 1986, as a light weapons infantryman.  

6.  He was alerted for overseas assignment while serving on active duty.  On 12 August 1987, he extended his enlistment for 22 months to comply with his overseas assignment.  On 29 March 1988, he requested cancellation of his enlistment extension because he had been deleted from overseas assignment instructions.  His request was approved on 7 April 1988, to reflect a revised expiration of term of service (ETS) of 3 April 1989.

7.  He continued to serve until he was honorably discharged on 3 April 1989, under the provisions of Army Regulation 635-200, chapter 4, due to his ETS.
He was issued an SPD code of “JBK” and a RE code of “RE 3A.”

8.  Army Regulation 635-5-1 prescribes the specific authorities (regulatory, statutory, or other directives), the reasons for the separation of members from active military service, and the SPD to be used for these stated reasons.  The regulation shows that the SPD of “JBK” as shown on the applicant’s DD Form 214 is appropriate for involuntary discharge when the narrative reason for discharge is “Completion of Required Active Service.”  The SPD code of “KBK” is appropriate when individuals are voluntary discharged under the same authority.

9.  Pertinent Army regulations provide that prior to discharge or release from active duty, individuals will be assigned reentry 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 reentry codes, including RA RE codes.

10.  The SPD/RE Code Cross Reference Table, dated March 2001, provides
instructions for determining the RE code for Active Army soldiers and Reserve Component soldiers separated for cause.  It also shows the SPD code with a corresponding RE code and states that more than one RE code could apply.  The soldier’s file and other pertinent documents must be reviewed in order to make a final determination.  The SPD code of “JBK” has a corresponding RE code of “3” and the SPD code of “KBK” has a corresponding RE code of “1 or 3.”

11.  RE-3A applies to soldiers who were separated, but did not meet reentry criteria at the time of separation.

12.  RE-1 applies to persons completing their term of service (ETS) who are considered qualified to reenter the Army.

CONCLUSIONS:

1.  The evidence of record shows that the applicant was alerted for overseas assignment, extended his enlistment to comply with his overseas assignment, which was later deleted, and requested cancellation of his extension, which was approved.  

2.  The Board notes that the applicant was voluntarily separated from service 
at his normal ETS under the provisions of Army Regulation 635-200, paragraph
4 and was issued an SPD code of “JBK” with a corresponding RE code of
“RE 3A.”

3.  The Board also notes that under Army Regulation 635-5-1, the SPD code for voluntary discharge is “KBK” with a corresponding RE code of “RE 1.”  However, the applicant was issued the SPD code of “JBK” instead of the SPD code of “KBK”.  Therefore, he is entitled to correction of item 26 (Separation Code) of his DD Form 214 to show the entry “KBK” and correction of item 27 (Reenlistment Code) to show the entry “RE-1.”

4.  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 for the individual concerned be corrected:

a.  by showing the entry “KBK” in item 26 (Separation Code) of his DD Form 214; and

b.  by showing the entry “RE-1” in item 27 (Reenlistment Code) of his DD Form 214.

BOARD VOTE:  

__sp___  ___sk_  __ea______  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		___Shirley Powell___
		        CHAIRPERSON

INDEX

CASE ID	AR2001062114	
SUFFIX		
RECON		
DATE BOARDED	20020319	
TYPE OF DISCHARGE	HD	
DATE OF DISCHARGE	19890403	
DISCHARGE AUTHORITY	AR 635-200 chapter, 4	
DISCHARGE REASON		
BOARD DECISION	GRANT	
REVIEW AUTHORITY		
ISSUES         1.  1021		
2.		
3.		
4.		
5.		
6.