IN THE CASE OF:	  

		BOARD DATE:	  14 January 2010

		DOCKET NUMBER:  AR20090013333 


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 that item 26 (Separation Code) of her DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period ending 12 June 2009 be changed from "KBK" to "KGM."

2.  The applicant states that separation code "KBK" is for expiration of term of service and the correct code should be "KGM" for acceptance of an appointment.

3.  The applicant provides a copy of her DD Form 214 for the period ending 12 June 2009 and reassignment orders in support of her application.

CONSIDERATION OF EVIDENCE:

1.  Having prior inactive service in the U.S. Army Reserve (USAR), the applicant entered active duty on 7 November 2005 in an Active Guard Reserve status.  She served as a human resources specialist and was honorably discharged from active duty in the USAR in the rank of sergeant first class on 12 June 2009 under the provisions of Army Regulation 635-200, chapter 4, for completion of required active service.

2.  Item 25 (Separation Authority) of the applicant's DD Form 214 for the period ending 12 June 2009 shows the entry, "Army Regulation 635-20, Chapter 4."  Item 26 of this DD Form 24 shows the entry "KBK."  Item 28 (Narrative Reason for Separation) of this DD Form 214 shows the entry "completion of required active service."

3.  On 13 June 2009, the applicant was appointed as a second lieutenant in the USAR, not on active duty.

4.  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.  The regulation states the reason for discharge based on separation code "KBK" is "completion of required active service" and the regulatory authority is Army Regulation 635-200, chapter 4.

5.  The regulation states the reason for discharge based on separation code "KGM" is "accept commission or warrant in the Army" and the regulatory authority is Army Regulation 635-200, paragraph 16-1a (Soldiers may be discharged for the purpose of being ordered to active duty as a commissioned or warrant officer in any branch of the Armed Forces).

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record shows the applicant was honorably discharged from active duty in the USAR Active Guard Reserve Program on 12 June 2009 for completion of required active service as an enlisted Soldier.  The following day she was reassigned in the USAR by reason of appointment as a commissioned officer, not on active duty.

2.  The applicant's contention that her separation code should have been "KGM" for acceptance of an appointment was noted.  However, since the applicant was not discharged for the purpose of being ordered to active duty as a commissioned officer, separation code "KGM" does not apply in her case.

3.  The applicant's separation code was administratively correct and in conformance with applicable regulations at the time of her separation.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

____x____  ____x____  ____x____  DENY APPLICATION


BOARD DETERMINATION/RECOMMENDATION:

The evidence presented does not demonstrate the existence of a probable error or injustice.  Therefore, the Board determined that 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.

ABCMR Record of Proceedings (cont)                                         AR20090013333



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ABCMR Record of Proceedings (cont)                                         AR20090013333



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