APPLICANT REQUESTS:  That he be given severance or
separation pay.

APPLICANT STATES:  That he served 7 years on active duty
and was involuntarily separated for reasons other than
misconduct or non-performance and, therefore, should
have received separation/severance pay.

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

He enlisted in the Regular Army on 12 July 1979, was
awarded the military occupational specialty of aircraft
power plant repairer, and was honorably discharged in
pay grade E-5 on 19 July 1982 to accept an appointment
as a warrant officer.

He was ordered to active duty in conjunction with his
appointment with a 4-year active duty commitment.  He
was promoted to chief warrant officer two and performed
duties as an attack helicopter pilot.

When the applicant's 4-year active duty commitment was
nearing completion, he apparently applied for voluntary
indefinite status which, if approved, would have allowed
him to remain on active duty beyond his 4-year active
duty commitment.  His request was denied and he was
honorably released from active duty on 19 July 1986 at
the expiration of his term of service.  The DD Form 214,
Certificate of Release or Discharge from Active Duty, he
was issued listed the narrative reason for his release
from active duty as “Expiration of Term of Service”, and
had the separation program designator (SPD) code "LBK"
entered.

Army Regulation 635-5-1, Separation Program Designators,
lists separation program designator "LBK" as a voluntary
separation for completion of required service.

Title l0, United States Code, section ll74, and the
Department of Defense Pay Manual, chapter 4,
part B, specifies that a soldier who has more than 5
years continuous active duty and is involuntarily
separated, may be entitled to severance pay up to an
amount not to exceed $30,000.00.  The amounts paid 
under this program are intended to permit the separated
soldier the monetary resources to bridge the gap in
income until he is able to reestablish himself in the
community.

In the processing of this case the Defense Finance and
Accounting Service stated that it could not pay
the applicant readjustment pay unless his SPD was
changed to a code which permitted that entitlement.  The
Army Reserve Personnel Center stated that the
applicant's SPD was appropriate and could not be
administratively changed.

DISCUSSION:  Considering all the evidence, allegations,
and information presented by the applicant, together
with the evidence of record and applicable law and
regulations, it is concluded:

1.  The applicant was ordered to 4 years of obligated
active duty and had no inherent right to remain on
active duty beyond that time.

2.  Even though he had requested to be retained on active
duty, his separation was considered voluntary since he
was allowed to complete his obligated term of service. 
Separations are only considered involuntary if they
occur prior to the expiration of an officer's term of
service.

3.  The applicant's belief that he was involuntarily
separated, and therefore eligible for readjustment pay,
is understandable since he had applied for continuation
on active duty.  However, as explained above, his
request for continuation did not constitute involuntary
separation in his case.

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.

BOARD VOTE:

                       GRANT          

                       GRANT FORMAL HEARING

                       DENY APPLICATION

						David R. Kinneer
						Executive Secretary