APPLICANT REQUESTS: That items 25 and 26 on his DD Form 214, (Certificate of Release or Discharge from Active Duty) be corrected.
APPLICANT STATES: In effect, that item 25 (Separation Authority) on his DD Form 214 should read Army Regulation 635-200 Paragraph 16-11 and item 26 (Separation Code) on his DD Form 214 should read MCC (Reduction in force).
EVIDENCE OF RECORD: The applicant's military records show:
He was born on 7 December 1970. He completed 12 years of formal education. On 26 November 1990, he enlisted in the Regular Army for 4 years. He completed the required training and was awarded military occupational specialty 11B10 (Infantryman). The highest grade he achieved was pay grade E-4.
The applicant was notified that his commander was recommending a discharge under the provisions of Army Regulation 635-200, chapter 5-3. The applicant was advised by legal counsel of the basis for the separation action and his rights available to him. The applicant waived his rights. However, the bases for this action are missing from his file.
The Secretarial Authority approved the recommendation and directed the issuance of an honorable discharge. On
27 August 1994, the applicant was discharged in pay grade
E-4 under the provisions of Army Regulations 635-200, chapter 5, (Release from active duty), with an honorable discharge. He had completed 3 years, 9 months and 2 days of creditable active service. He was awarded the Army Achievement Medal, the Good Conduct Medal, the Army Service Ribbon and the Overseas Service Ribbon.
Army Regulation 635-200, set forth the basic authority for the separation of enlisted personnel. Chapter 5, paragraph 3 of that regulation, in effect at the time, provided, in pertinent part, for the separation of enlisted personnel for the convenience of the government. The separation of any enlisted member of the Army under this authority will be based on a determination by the Secretary of the Army that the soldiers separation was in the best interests of the Army.
DISCUSSION: Considering all the evidence, allegations, and information presented by the applicant, together with the evidence of record, applicable law and regulations, and advisory opinion(s), it is concluded:
1. 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 the aforementioned requirement.
2. The discharge proceedings were conducted in accordance with law and regulations applicable at the time. The separation authority and the separation code are commensurate with the applicants overall record of military service.
3. There is no evidence in the applicants military record in support of his contentions, nor has the applicant submitted any probative evidence or convincing argument in support of his requests.
4. Therefore, there is no basis for granting the applicants requests.
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
Karl F. Schneider
Acting Director
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