PROCEEDINGS

	IN THE CASE OF:       

	BOARD DATE:            24 October 2000
	DOCKET NUMBER:   AR1999030465

	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	
	Mr. Jessie B. Strickland		Analyst	

The following members, a quorum, were present:

	Ms. Margaret K. Patterson		Chairperson	
	Mr. Edwin S. Castle		Member	
	Mr. John T. Meixell		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 the correction of his report of separation (DD Form 214) in blocks 26, 27, and 28 to reflect the correct separation code, reentry code, and narrative reason for separation.

3.  The applicant states, in effect, that his DD Form 214 incorrectly reflects that he was barred from reenlistment at the time of his separation, which is incorrect because the bar to reenlistment was lifted prior to his separation.  However, the Defense Finance and Accounting Service is now trying to collect $23,000 of his separation pay.  In support of his application he submits copies of the recommendation to remove his bar to reenlistment.

4.  The applicant’s military records show that he served on active duty in the Air Force from 22 February 1978 to 21 May 1983 when he was honorably released from active duty and was transferred to the Air Force Reserve.  

5.  On 10 October 1983 he enlisted in the Regular Army and remained on active duty through a series of continuous reenlistments.  He was promoted to the pay grade of E-5 on 1 September 1989.

6.  On 5 November 1993 the applicant’s supervisor initiated a request to lift a February 1993 locally imposed bar to reenlistment against the applicant.  The commander supported the request and indicated that the applicant has exceeded the retention control point (RCP) for his grade and was being processed for separation from the service.  The battalion commander also recommended approval of the removal of the bar to reenlistment.  Although the final approval is not present in the available records; his records, as of 21 January 1994, are void of any evidence to suggest he was barred from reenlistment.

7.  On 30 December 1993, orders were published which announced the applicant’s separation on 29 January 1994, his entitlement to one-half separation pay, and the requirement to serve in the Ready Reserve for a period of at least 3 years.  The orders were amended on 21 January 1994 to reflect that he was entitled to full separation pay.

8.  On 29 January 1994 he was honorably discharged under the provisions of Army Regulation 635-200, due to non-retention on active duty.  He had served 13 years, 6 months, and 20 days of total active service and was authorized full separation pay.  His DD Form 214 was prepared to show that he was issued a separation code of “JGH”, a reentry code of “RE-3”, and a narrative reason for separation of “Non-Retention on Active Duty.”  He enlisted in the Reserves and served until he was again honorably discharged on 29 January 1997.

9.  Army Regulation 601-210, in effect at the time, established the RCP for all grades.  It states, in pertinent part, that the maximum years of service an individual in the pay grade of E-5 may serve on active duty is 13 years.

10.  Department of the Army Circular 635-92-1 outlines the eligibility criteria for separation pay formulas as authorized by the Department of Defense Instruction1332.29 dated 20 June 1991 and other Headquarters, Department of the Army guidance resulting from Public Law 101-510, the National Defense Authorization Act.  The circular also illustrates the various types of separations that are either eligible or ineligible for separation pay.  It states, in pertinent part that soldiers denied reenlistment due to having reached their RCP are authorized full separation pay.

11.  Army Regulation 635-5-1 provides the list of separation codes and narrative reasons for separation that are to be entered on the DD Form 214 at the time of separation.  It provides, in pertinent part, that the separation code of “JCC” will be issued to personnel who are denied reenlistment due to having reached their RCP that is established as a result of a “Reduction in Force.”

12.  Army Regulation 601-210 provides the guidance for issuance of reentry codes.  It states, in pertinent part, that personnel who are denied reenlistment or continuation on active duty will be issued a reentry code of “3”.  Personnel who are issued a reentry code of “3” may apply for a waiver after 2 years has elapsed since the date of separation. 

CONCLUSIONS:

1.  The Board finds, based on the available evidence that the applicant was denied reenlistment as a result of his having reached the maximum RCP for his grade and not as a result of a locally imposed bar to reenlistment.   

2.  Accordingly, his DD Form 214 should have reflected that he was issued a separation code of “JCC” instead of “JGH” and that the Narrative Reason for Separation should have been “Reduction in Force” instead on Non-Retention on Active Duty.”

3.  Additionally, the applicant was entitled to receive full separation pay at the time of his separation and any recoupment action that is related to an entitlement of less than full separation pay should be negated and all credit agencies notified that the debt was erroneous.

4.  The Board finds that the applicant was issued the proper reentry code based on his being denied reenlistment due to having reached his RCP and he has failed to show through the evidence submitted with his application or the evidence of record that the reentry code is incorrect. 

5.  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 showing that the individual concerned was issued a separation code of “JCC” and a Narrative Reason for Separation of “Reduction in Force.”

2.  That any debt incurred as a result of an entitlement determination of less than full separation pay be negated/voided and that all credit agencies be notified that the debt is erroneous.

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

BOARD VOTE:  

__esc ___  ___mkp _  ___jm___  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		___Margaret K. Patterson___
		        CHAIRPERSON

INDEX

CASE ID	AR1999030465	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	2000/10/24	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	GRANT PARTIAL	
REVIEW AUTHORITY		
ISSUES         1.  189	110.0000/CORR 214	
2.  191	110.0200/REASON FOR SEP	
3.  4	100.0300/RE CODE	
4.		
5.		
6.