MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:           1 May 2003                    
	DOCKET NUMBER:   AR2002080186

	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. Wanda L. Waller		Analyst	

  The following members, a quorum, were present:

	Mr. Thomas B. Redfern 		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:  That item 26 (Separation Code) on his DD Form 214 (Certificate of Release or Discharge from Active Duty) with an effective date of 
7 November 1986 be changed to show Separation Program Designator (SPD) code "MBK" instead of "LBK."

APPLICANT STATES:  That he has no marks on his record that reflect that this code is appropriate for his service.  He contends that his active duty conduct is without question in the standard of the U.S. Army and the Alabama National Guard and that he has an outstanding military bearing.  In support of his application, he submits an Official Statement of Service, dated 25 June 2002; a copy of his DD Form 214 with an effective date of 21 June 1991; a copy of his DD Form 214 with an effective date of 7 November 1986; and excerpts from Army Regulation 635-5-1 (Separation Program Designators) dated 1 December 2000.

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

The applicant enlisted on 9 November 1983 for a period of 3 years.  He served as a unit supply specialist.  On 7 November 1986, the applicant was honorably released from active duty under the provisions of Army Regulation 635-200, chapter 4, for expiration term of service.

Item 26 (Separation Code) on the applicant's DD Form 214 with an effective date of 7 November 1986 shows “LBK.”  Army Regulation 635-5-1 (Separation Program Designator Codes), in effect at the time of the applicant’s separation on 7 November 1986, states the reason for discharge based on separation code “LBK” is “Expiration term of service” and the regulatory authority is Army Regulation 635-200 (Enlisted Personnel), chapter 4 or Army Regulation 635-100 (Officer Personnel), chapter 3, section XIV.  This separation code is used for an involuntary release from active duty or transfer.   

Army Regulation 635-5-1, in effect at the time of the applicant's separation on 
7 November 1986, states the reason for discharge based on separation code “MBK” is “Expiration term of service” and the regulatory authority is Army Regulation 635-100 (Officer Personnel), chapter 3, section XIV.  This separation code is used for a voluntary release of an officer from active duty or transfer.

In support of his claim, the applicant provided excerpts from Army Regulation 635-5-1 effective 1 December 2000.

Army Regulation 635-5-1 (Separation Program Designator 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.

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 Board considered the applicant’s contention that the wrong separation code was entered on his DD Form 214 at the time of his separation on 
7 November 1986.  

2.  The Board considered the applicant’s contention that the correct separation code should be “MBK” instead of “LBK.”

3.  However, the applicant referred to a regulation not in effect at the time of his separation.  

4.  The governing regulation, in effect at the time of the applicant’s separation on 7 November 1986, states the reason for discharge based on separation code “LBK” is “Expiration term of service” and the regulatory authority is Army Regulation 635-200 (Enlisted Personnel), chapter 4 or Army Regulation 635-100 (Officer Personnel), chapter 3, section XIV.   

5.  The governing regulation, in effect at the time of the applicant’s separation on 7 November 1986, states the reason for discharge based on separation code “MBK” is “Expiration term of service” and the regulatory authority is Army Regulation 635-100 (Officer Personnel), chapter 3, section XIV, which pertains to officers.   

6.  The applicant was honorably released from active duty under the provisions of Army Regulation 635-200, chapter 4, for expiration term of service.  Therefore, the separation code of “LBK” shown in item 26 (Separation Code) on the applicant’s DD Form 214 with an effective date of 7 November 1986 is correct as currently constituted.  
  
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

TBR____  LDS____  JTM_____  DENY APPLICATION

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

INDEX

CASE ID	AR2002080186	
SUFFIX		
RECON		
DATE BOARDED	20030501	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.	100.0000	
2.		
3.		
4.		
5.		
6.