MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:            21 March 2002                  
	DOCKET NUMBER:   AR2001064559

	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. Beverly A. Young		Analyst	

  The following members, a quorum, were present:

	Mr. John N. Slone		Chairperson	
	Ms. Linda D. Simmons		Member	
	Mr. John T. Meixell		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:  Correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show his rank as specialist (SPC)/pay grade
E-4 instead of private (PV2)/pay grade E-2 and correction of his records to show his Reentry Eligibility (RE) Code as RE-1 instead of RE-3.

APPLICANT STATES:  In effect, that his discharge document incorrectly shows his rank as PV2/pay grade E-2 and his RE Code as RE-3.  He contends that his rank should be SPC/pay grade E-4 and his RE Code should be RE-1.  He submits a copy of his DD Form 214 in support of his application.

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

The applicant initially served in the Army National Guard from July 1988 to January 1992.  He enlisted in the Regular Army on 29 January 1992 in the rank of PV2/pay grade E-2.  

The applicant’s DD Form 214, which is authenticated in his own hand, shows he was discharged in the rank of PV2/pay grade E-2 with an effective date of pay grade 22 June 1994.

A Personnel Action (undated), advanced the applicant to the rank of private first class (PFC)/pay grade E-3, with a date of rank and effective date of 1 September 1992.

A Personnel Action, dated 21 July 1993, advanced the applicant to the rank of SPC/pay grade E-4, with a date of rank and effective date of 1 August 1993. 

On 22 June 1994, the applicant was punished under Article 15, Uniform Code of Military Justice (UCMJ), for two specifications of wrongfully and unlawfully uttering ten checks upon Merchant’s Bank knowing that he did not have sufficient funds.  His punishment consisted of reduction to the grade of PV2, forfeiture of $466.65 (suspended), and extra duty for 45 days.  As a result of this offense, a bar to reenlistment was imposed on the applicant on 27 July 1994.

A Personnel Action, dated 8 September 1994, reduced the applicant to the grade of PV2/pay grade E-2, effective 22 June 1994.

On 26 January 1995, the applicant was honorably released from active duty under the provisions of Army Regulation 635-200, chapter 4, for completion of required active service.  He had completed 2 years, 11 months and 28 days of creditable service.  He was issued a RE Code of RE-3 and a Separation Program Designator (SPD) code of “LBK” (Completion of Required Active Service).

Army Regulation 635-5-1 (Separation Program Designator (SPD) Codes) prescribes the specific authorities (regulatory, statutory, or other directives), the reasons for the separation of members from active military service, and the separation program designators to be used for these stated reasons.  The regulation shows that the separation program designator “LBK” as shown on the applicant’s DD Form 214 specifies the narrative reason for discharge as “Completion of Required Active Service” and that the authority for discharge under this separation program designator is “AR 635-200, Chapter 4”.  Additionally, Table 2-3 (SPD/RE Code Cross Reference Table), Army Regulation 635-5 (Separation Documents) establishes RE Code 3 as the proper reentry code to assign to soldiers separated for this reason.

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.

RE-3 applies to persons not qualified for continued Army service, but the disqualification is waivable. Certain persons who have received nonjudicial punishment are so disqualified, as are persons with bars to reenlistment, and those discharged under the provisions of chapters 9, 10, 13, and 14 of Army Regulation 635-200.

Army Regulation 635-5 provides instructions for the preparation of the 
DD Form 214.  It states, in pertinent part, that item 4a (Grade, Rate or Rank) and 
4b (Pay Grade) will be completed to show the active duty grade or rank and pay grade at the time of separation.

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 DD Form 214 shows he was discharged with a separation code of “LBK” (Completion of Required Active Service) and was assigned a RE Code of RE-3 in accordance with the governing regulation in effect at the time.  He received an RE-3 based on the nonjudicial punishment imposed on him for passing worthless checks.

2.  The applicant has failed to show through the evidence submitted or the evidence of record that the reenlistment code issued to him was in error or unjust.  

3.  There is no basis for removal of the reenlistment code from the applicant's record.  The disqualification upon which the code was based can be waived for reenlistment purposes.  However, if the applicant still desires to reenter the Army, the Board recommends that he contact his local recruiter to determine if he is eligible for applying for a waiver under current enlistment criteria.

4.  The applicant was advanced to the rank of SPC/pay grade E-4 effective 1 August 1993.

5.  He was punished under Article 15, UCMJ and was reduced to the rank of PV2/pay grade E-2 effective 22 June 1994.

6.  There is no evidence available to the Board which shows the applicant was promoted to the rank of SPC/pay grade E-4 after he was reduced to PV2/pay grade E-2.  Therefore, the applicant’s DD Form 214 is correct as currently constituted and there is no basis for correcting his records to show his rank as SPC/pay grade E-4.

7.  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.

8.  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:

________  ________  ________  GRANT

________  ________  ________  GRANT FORMAL HEARING

JNS_____  LDS____  JTM_____  DENY APPLICATION

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

INDEX

CASE ID	AR2001064559	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20020326	
TYPE OF DISCHARGE	HD	
DATE OF DISCHARGE	19950126	
DISCHARGE AUTHORITY	AR635-200,chapter 4	
DISCHARGE REASON	Completion of Required Active Service	
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.	100.0300	
2.	102.0200	
3.		
4.		
5.		
6.