IN THE CASE OF: BOARD DATE: 9 September 2014 DOCKET NUMBER: AR20140002292 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 the separation codes and the reason for separation on his DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period ending 5 November 2004 to show she was separated for physical disability with severance pay. 2. The applicant states the separation codes and reason for separation on her DD Form 214 are incorrect. She was separated from active duty with severance pay because of an injury after going through the medical board process. Her DD Form 214 was filled out incorrectly and should reflect the memorandum issued by the U.S. Army Physical Disability Agency (USAPDA) stating that she was separated due to physical disability and entitled to severance pay. 3. The applicant provides: * her DD Form 214, effective 5 November 2004 * USAPDA Memorandum, dated 13 April 2005 * Orders D103-01, dated 13 April 2005 CONSIDERATION OF EVIDENCE: 1. Title 10, U.S. Code, section 1552(b), provides that applications for correction of military records must be filed within 3 years after discovery of the alleged error or injustice. This provision of law also allows the Army Board for Correction of Military Records (ABCMR) to excuse an applicant's failure to timely file within the 3-year statute of limitations if the ABCMR determines it would be in the interest of justice to do so. While it appears the applicant did not file within the time frame provided in the statute of limitations, the ABCMR has elected to conduct a substantive review of this case and, only to the extent relief, if any, is granted, has determined it is in the interest of justice to excuse the applicant's failure to timely file. In all other respects, there are insufficient bases to waive the statute of limitations for timely filing. 2. The applicant enlisted in the U.S. Army Reserve (USAR) on 23 April 2003 and she was called to active duty for training (ADT) on 27 August 2003. She was honorably released from ADT on 5 November 2004. 3. Her DD Form 214 shows in: * item 23 (Type of Separation) – "Release from active duty training" * item 25 (Separation Authority) – "[Army Regulation] 635-200 [Personnel Separations – Enlisted Personnel], [Chapter] 4" * item 26 (Separation Code) – "MBK" * item 28 (Narrative Reason for Separation) – "Completion of required active service" 4. She provides a memorandum and official orders issued by the USAPDA on 13 April 2005, which show she was discharged from the USAR on 23 April 2005 by reason of physical disability and entitled to severance pay. 5. Army Regulation 635-200 sets forth the basic authority for the separation of enlisted personnel. Chapter 4 provides that a Soldier will be separated upon expiration of enlistment or fulfillment of service obligation. 6. 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 version of the regulation in effect at the time of his release for active duty listed every SPD code applicable to enlisted personnel in an appended table. The table shows that Soldiers released from active duty under the authority of Army Regulation 635-200, chapter 4, by reason of completion of required active service were to be assigned SPD code "MBK." 7. Army Regulation 635-5 (Separation Documents) at the time prescribed the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army. It states the DD Form 214 is a summary of a Soldier’s most recent period of continuous active duty. It provides a brief, clear-cut record of active duty service at the time of release from active duty, retirement, or discharge. A DD Form 214 is only issued to members of the USAR if they are being released from active duty. DISCUSSION AND CONCLUSIONS: 1. The evidence of record does not support the applicant's request for correction of the narrative reason and separation codes listed on her DD Form 214 to show she was given an honorable medical discharge with severance pay from the USAR in April 2005. 2. She was honorably released from ADT on 5 November 2004. Her DD Form 214 shows the proper authority, narrative reason, and SPD code for the type of separation she received. 3. Her medical discharge from the USAR in 2005 is properly documented by orders and her discharge has no bearing on the DD Form 214 she was issued in 2004. 4. In view of the foregoing, there is no basis for granting the requested relief. 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) AR20140002292 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20140002292 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1