Search Decisions

Decision Text

ARMY | BCMR | CY1990-1993 | 9312134A
Original file (9312134A.rtf) Auto-classification: Denied
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

Similar Decisions

  • ARMY | BCMR | CY2005 | 20050013723C070206

    Original file (20050013723C070206.doc) Auto-classification: Denied

    On 26 November 1999, the applicant was honorably discharged, in the rank/pay grade, Sergeant/E-5, under the provision of Army Regulation (AR) 635-200, Chapter 4, at the completion of required active service. On his discharge from the Regular Army, the applicant's DD Form 214 was annotated to show he was honorably discharged; his separation was in accordance with AR 635-200, Chapter 4; the separation code applied to his DD Form 214 was "JBK"; RE Code "3" was entered in its appropriate space...

  • ARMY | BCMR | CY2001 | 2001061912C070421

    Original file (2001061912C070421.rtf) Auto-classification: Approved

    Army Regulation 635-5-1, as in effect at the time of the applicant’s release from active duty, lists the separation code MBK for use in officer cases only. The Board finds that the applicant's records are correct based on regulations in effect at the time of his release from active duty. Under current regulations a separation code of LBK is used for a soldier who is released from active duty but who is ineligible for, barred from, or otherwise denied reenlistment.

  • ARMY | BCMR | CY2001 | 2001063638C070421

    Original file (2001063638C070421.rtf) Auto-classification: Approved

    Army Regulation 635-5-1, as in effect at the time of the applicant’s release from active duty, lists the separation code MBK for use in officer cases only. There was no corresponding code for a voluntary release from active service with a transfer to the Reserve Components for enlisted personnel. Under current regulations a separation code of LBK is used for a soldier who is released from active duty but who is ineligible for, barred from, or otherwise denied reenlistment.

  • ARMY | BCMR | CY2002 | 2002074129C070403

    Original file (2002074129C070403.rtf) Auto-classification: Approved

    The applicant requests that his separation (SPD) code on his 8 May 1993 DD Form 214 (Certificate of Release or Discharge from Active Duty) be changed from “LBK” to “MBK.” That office recommended that the applicant be granted relief, and stated that the separation code, “MBK,” should have been entered on the applicant’s DD Form 214. There was no provision in the 1982 governing regulation for an SPD code of “MBK” for an enlisted soldier when the applicant was separated in May 1993; however,...

  • ARMY | BCMR | CY2003 | 2003084778C070212

    Original file (2003084778C070212.rtf) Auto-classification: Approved

    The applicant states that her SPD code is applicable to someone that is barred from reenlisting. The Office of the Deputy Chief of Staff, G-1 at Headquarters, Department of the Army advised that the regulation prior to August 1993 did not provide an SPD code for the voluntary discharge or voluntary/involuntary REFRAD of Soldiers under the provisions of chapter 4, AR 635-200 by reason of ETS; an SPD code was only provided to cover the situation of involuntary discharge of enlisted Soldiers...

  • ARMY | BCMR | CY2008 | 20080016889

    Original file (20080016889.txt) Auto-classification: Denied

    The applicant states that he completed over 6 years of active service and was involuntarily separated for the Army's convenience and that according to the regulation he should have been paid separation pay. To be eligible for separation pay and benefits, individuals must have served 6 or more years of active Federal service and had to sign a Department of the Army Form 7154-R (Agreement to Join Ready Reserve) for a period of not less than 3 years. The evidence of record shows that at the...

  • ARMY | BCMR | CY2003 | 2003091349C070212

    Original file (2003091349C070212.rtf) Auto-classification: Approved

    An RE-4 applies to persons separated from their last period of service with a nonwaivable disqualification that includes persons being separated in pay grade E-2 and below, persons with bars to reenlistment who request separation prior to the end of their active duty obligation, who are separated with a Department of the Army bar to reenlistment in effect or who exceed their retention control point. Footnote 7, of the table, states that the code "LBK" will be "used for Regular Army soldiers...

  • ARMY | BCMR | CY2011 | 20110023119

    Original file (20110023119.txt) Auto-classification: Denied

    Army Regulation 635-200 further states that prior to discharge or release from active duty, individuals will be assigned RE codes based on their service records or the reason for discharge. Table 3-1 included a list of the RA RE codes: a. RE-1 applies to Soldiers completing their term of active service who are considered qualified to reenter the U.S. Army. For Soldiers separating from the RA, it prescribes eligibility criteria and options for enlistment or transfer into the Reserve...

  • ARMY | BCMR | CY2006 | 20060004490C070205

    Original file (20060004490C070205.doc) Auto-classification: Denied

    Peguine M. Taylor | |Member | The Board considered the following evidence: Exhibit A - Application for correction of military records. He was ordered to active duty for training (ADT) on 1 September 1998. The applicant has failed to show, through the evidence submitted with his application or the evidence of record, that his involuntary release from active duty which resulted in receiving a Separation Code of "LBK" and RE Code of RE "3" were in error or unjust.

  • ARMY | BCMR | CY1997 | 199710257C070209

    Original file (199710257C070209.TXT) Auto-classification: Approved

    Member The applicant and counsel if any, did not appear before the Board. The applicant states in effect, that his SPD code and reason for separation are incorrect on his DD Form 214. 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...