PROCEEDINGS

	IN THE CASE OF:      

	BOARD DATE:                              
	DOCKET NUMBER:   AC97-10257

	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. Loren G. Harrell		Director	
	Ms. Carolyn G. Wade		Analyst	

  The following members, a quorum, were present:

	Mr. 		Chairperson	
	Mr. 		Member	
	Mr. 		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 in effect, that his separation program designator (SPD) code be corrected.

3.  The applicant states in effect, that his SPD code and reason for separation are incorrect on his DD Form 214.  He further states that line 2 on his DD 214 is also incorrect; that he was a United States Army Reserve Officer on active duty and not a Regular Army Officer; and that he was not selected for retention on active duty.  

4.  The applicant initially entered the Regular Army (RA) on 10 January 1983.

5.  The applicant’s military records show that he was a US Army Reserve (USAR) officer released from the RA for completion of required active service due to nonselection for retention on active duty, with an honorable characterization of service, on 3 June 1991, in the pay grade of 0-3.  At the time of his separation the applicant had completed 8 years, 4 months, and 24 days of active military service.

6.  The DD Form 214 (Certificate of Release or Discharge from Active Duty) issued to the applicant at the time of separation, documents that the applicant was a RA officer and that he was released from active duty, under the provisions of chapter 3-48c (1), AR 635-100, by reason of expiration term of service.  The applicant’s DD Form 214 did not authorize separation pay; however, his amended separation orders 184-13, dated 10 August 1991, did authorized separation pay in accordance with section 265, Act of 9 July 1956, Public Law 84-676, volume 70, U.S. Statute at Large, p. 517.  

7.  DA Circular 635-92-1 (Separation Pay) outlines the prerequisites for awarding separation pay.  It states, in pertinent part, that soldiers who are nonselected for retention on active duty with 6 or more years of continuous federal service are eligible for full separation pay.

8.  Army Regulation 635-5-1 (Separation Program Designator (SPD) Codes) contains the policy for standardization of certain entries on the DD Form 214.  It further defines the SPD codes to be used and the authorities and reasons for their use and control.  This regulation directs that the SPD Code of LBK be used for officers who are released involuntarily based on completion of required active service due to disapproval of voluntary indefinite service.

CONCLUSIONS:

1.  The Board concluded that the applicant was eligible for full separation pay at the time of separation.  The evidence of record indicates he met the regulatory prerequisites for full separation pay, based on his having over 6 years of continuous active federal service, and his being disapproved of voluntary indefinite service.

2.  The component contained in Block 2, the Separation authority contained in Block 25, the Separation Code contained in Block 26, and the narrative reason contained in Block 28 of the applicant’s DD Form 214 are incorrect.  The component should have been USAR, the Separation authority should have been chapter 3-48c(3), AR 635-100, the SPD code should have been LBK, and the narrative reason should have been completion of required active service due to disapproval of voluntary indefinite service.

3.  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 assigning the individual concerned the component USAR, the separation authority chapter 3 -48c(3), AR 635-100, the separation code LBK, the narrative reason for separation completion of required active service due to disapproval of voluntary indefinite service, and a new DD Form 214.

2.  That all financial records of the individual concerned be corrected to reflect he was entitled to full separation pay at the time he was released from active duty.

BOARD VOTE:  

________  ________  ________  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		______________________
		        CHAIRPERSON