MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:      

	BOARD DATE:           07 FEBRUARY 2002                   
	DOCKET NUMBER:   AR2001062364

	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. 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 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 RE (Reenlistment Eligibility) Code of “3” on his 2000 DD Form 214 (Certificate of Release or Discharge from Active Duty) be changed to RE-1.

APPLICANT STATES:  While in a deployed status he received reassignment order to Honduras.  He states that he was forced to sign a statement declining continued service when he returned from his deployment, because he did not have sufficient service remaining to fulfill the assignment requirement.  He indicated that at the time, it was his intention to leave the Army at his scheduled separation date (ETS) in order to return to Illinois and pursue an engineering degree.  Since that time, however, he decided to return to military service via the Air Force.  He notes that the Air Force requires an RE-1.  The applicant states, in effect, that he served the Army honorably for over 8 years in a variety of assignments, including Panama, Georgia, Kuwait, and during several deployments in support of counter drug operations.  He believes he should not be “punished” for separating from the U.S. Army at the end of his required term of service.

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

He entered active duty on 16 September 1992.  By May 1997 he had attained pay grade E-5.  He was serving as a helicopter repairman.  His awards include an Army Commendation Medal, two awards of the Army Achievement Medal, and two awards of the Army Good Conduct Medal.  His raters generally rated him as among the best and his senior raters placed him in the first or second block for overall performance and potential.

In November 1997 the applicant reenlisted for a period of 3 years, which established his ETS date as 20 November 2000.

The applicant was notified in October 1999 that he was on assignment instructions for Honduras and that he needed to have 12 months of service remaining on his enlistment contract as of January 2000 in order to comply with the assignment instructions.  Following counseling, the applicant declined to take action to extend or reenlist beyond his scheduled ETS date of November 2000 and signed a DCSS (Declination of Continued Service Statement).

On 20 November 2000, upon completion of his contract, the applicant was discharged with an honorable characterization of service.  His DD Form 214 indicates he received an SPD (Separation Program Designator) Code of “JBK” and an RE Code of “3.”

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 includes a list of armed forces RE Codes, including RA RE Codes.  RE-3 applies to persons who are not fully qualified for reenlistment because they signed a “Declination of Continued Service Statement.”  The Army permits individuals with RE Codes of “3” to apply for a waiver in order to return to active service with the Army.

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 involuntarily separated upon completion of required service (ETS), except for soldiers with a DCSS in force, who receive an SPD Code “KBK.”

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 whose records indicate they have declined to continue their military service via a DCSS.

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.  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 that requirement.

2.  While the applicant may feel he is being “punished” for leaving the service at his ETS, the evidence shows that he had no choice but to leave, because he chose not to take action to meet service remaining requirements in order to comply with reassignment instructions.  Contrary to the applicant’s contention, his RE Code is not a reflection on his honorable service, but rather merely reflects that he was not eligible to reenlist at the time of his separation from active duty because he signed the DCSS.  

3.  The Board notes that the RE-3 is appropriate and consistent with the reason the applicant left active duty, and the Board finds no basis to correct the existing code.  The fact that the Air Force chooses not to permit the applicant to enlist in that service is not sufficient justification to change the applicant’s RE Code.

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.

(NOTE:  Officials at the ARBA Support Division in St. Louis are requested to administratively correct the applicant’s separation document to reflect an SPD Code of KBK vice JBK.)

BOARD VOTE:

________  ________  ________  GRANT

________  ________  ________  GRANT FORMAL HEARING

__FNE __  __MKP__  __LE____  DENY APPLICATION

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

INDEX

CASE ID	AR2001062364	
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	DENY	
REVIEW AUTHORITY		
ISSUES         1.	100.03	
2.		
3.		
4.		
5.		
6.