BOARD DATE: 21 September 2017 DOCKET NUMBER: AR20160004102 BOARD VOTE: _________ _______ ________ GRANT FULL RELIEF ________ ________ ________ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING ____x____ ___x_____ ___x_____ DENY APPLICATION 2 Enclosures 1. Board Determination/Recommendation 2. Evidence and Consideration BOARD DATE: 21 September 2017 DOCKET NUMBER: AR20160004102 BOARD DETERMINATION/RECOMMENDATION: The evidence presented does not demonstrate the existence of a probable error or injustice. Therefore, the Board determined the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned. _____________x____________ CHAIRPERSON I certify that herein is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in this case. BOARD DATE: 21 September 2017 DOCKET NUMBER: AR20160004102 THE BOARD CONSIDERED THE FOLLOWING EVIDENCE: 1. Application for correction of military records (with supporting documents provided, if any). 2. Military Personnel Records and advisory opinions (if any). THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE: 1. The applicant requests correction of item 26 (Separation Code) of his DD Form 214 (Certificate of Release or Discharge from Active Duty). 2. The applicant states he enlisted in the Army National Guard (ARNG) for a bonus after serving in the Regular Army, but he was told he has an invalid ARNG contract due to the separation code on his DD Form 214. 3. The applicant provides no additional evidence. CONSIDERATION OF EVIDENCE: 1. The applicant enlisted in the Regular Army on 23 July 2007 for a period of 4 years. On 21 January 2010, he was honorably discharged for immediate reenlistment. 2. On 22 January 2010, he reenlisted for a period of 5 years. 3. He was promoted to the rank/pay grade of specialist/E-4 effective 1 February 2010. 4. On 22 July 2015, he was honorably discharged by reason of completion of required active service. 5. His DD Form 214 shows in: * item 12c (Net Active Service This Period) – 8 years * item 12d (Total Prior Active Service) – none * item 25 (Separation Authority) – Army Regulation 635-200 (Active Duty Enlisted Administrative Separations), chapter 4 * item 26 (Separation Code) – JBK * item 28 (Narrative Reason for Separation) – Completion of Required Active Service 6. Section III (Service Data) of his Enlisted Record Brief, dated 23 July 2015, shows he was assigned an immediate reenlistment prohibition code of 9G. 7. He enlisted in the ARNG on 23 July 2015 for a period of 6 years for an affiliation bonus. 8. On 28 February 2017, he was discharged from the ARNG under honorable conditions (general) for continuous and willful absence. REFERENCES: 1. Army Regulation 601-210 (Active and Reserve Components Enlistment Program) prescribes eligibility criteria governing the enlistment of persons with or without prior service into the Regular Army, U.S. Army Reserve, and ARNG. Paragraph 3-10 provides that if an individual in the grade of E-4 is eligible to enlist, his or her former active Federal service plus desired enlistment term cannot exceed more than 8 years of active Federal service. 2. The current immediate reenlistment prohibition code chart shows the description for code 9G as "Grade (Soldier is within 16 months of ETS [expiration term of service] and cannot reenlist for minimum term/exceeds RCP [retention control point] for Current Grade)." 3. Chapter 4 of Army Regulation 635-200 states a Soldier will be separated upon expiration of enlistment or fulfillment of service obligation. 4. Army Regulation 635-5-1 (Separation Program Designator (SPD) Codes) prescribes the specific authorities (statutory or other directives), reasons for separating Soldiers from active duty, and the SPD codes to be entered on the DD Form 214. The SPD code JBK applies to Soldiers discharged for completion of required active service and the regulatory authority is Army Regulation 635-200, chapter 4. The separation code JBK is used for Regular Army Soldiers ineligible for, barred from, or otherwise denied reenlistment who are separated upon completion of enlistment, except for those with a declination of continued service statement in force. DISCUSSION: 1. The evidence of record shows: a. the applicant was ineligible for reenlistment on 22 July 2015 because the minimum term of enlistment exceeded his retention control point; b. he was honorably discharged from the Regular Army by reason of completion of required active service; and c. he was assigned SPD code JBK. 2. The governing regulation states SPD code JBK is used for Regular Army Soldiers ineligible for, barred from, or otherwise denied reenlistment who are separated upon completion of enlistment. 3. There is no evidence showing his separation code was not administratively correct and in conformance with applicable regulations in effect at the time of his discharge from the Regular Army. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20160004102 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20160004102 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2