PROCEEDINGS
IN THE CASE OF:
BOARD DATE: 12 August 1998
DOCKET NUMBER: AC97-10224
I certify that hereinafter is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in the case of the above-named individual. The following members, a quorum, were present:
Analyst
The applicant and counsel if any, did not appear before the Board.
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)
FINDINGS:
1. The applicant has exhausted or the Board has waived the requirement for exhaustion of all administrative remedies afforded by existing law or regulations.
2. The applicant requests in effect, that his separation program designator (SPD) code be corrected.
3. The applicant states in effect, that he was separated because he was unable to reenlist based on the retention control point (RCP) for soldiers in grade E-4; that he was authorized full separation pay at the time of his separation; and that now finance indicates he was ineligible based on the SPD code contained on his DD Form 214.
4. The applicant initially entered the Regular Army on 11 October 1989 for a period of 3 years. He reenlisted for an additional 3 years, for his second term of service, on 9 July 1992, and extended that enlistment for 6 months on 4 August 1992.
5. The applicants military records show that he was separated from the Regular Army, with an honorable characterization of service, on 8 January 1996, in the pay grade of E-4. At the time of his separation the applicant had completed
6 years, 2 months, and 28 days of active military service.
6. The DD Form 214 (Certificate of Release or Discharge from Active Duty) issued the applicant at the time of separation documents that the applicant was released from active duty, under the provisions of paragraph 16-8, AR 635-200, by reason of reduction in force. The applicants separation was based on his being ineligible to reenlist, at the time his expiration of term of service, because of the established retention control point (RCP) for soldiers in pay grade E-4. The applicants separation orders authorized full separation pay in accordance with 10 USC 1174, and Block 18 of the DD Form 214 contained the proper remarks authorizing separation pay.
7. The DD Form 214 also included the authorization for separation pay in the amount of $9,521.28 and verified that the applicant had completed his first full term of service. The reason for separation was listed as reduction in force; however, the DD Form 214 contained the SPD code of MCC, which does not authorize separation pay. The applicant based on being ineligible to reenlist because of the RCP for his grade, having completed his first term of service, and over 6 years of active military service was authorized to receive full separation pay, under the provisions of DA Circular 635-92-1.
8. DA Circular 635-92-1 (Separation Pay) outlines the prerequisites for awarding separation pay. It states, in pertinent part, that soldiers who are denied reenlistment based on the RCP for their grade; who have completed their first full term of service; and have over 6 years of active service are eligible for full separation pay.
9. Army Regulation 635-5-1 (Separation Program Designator (SPD) Codes) contains the policy for standardization of certain entries on the DD Form 214. It further defines the SPD codes to be used and the authorities and reasons for their use and control. This regulation directs that the SPD Code of JCC/LCC be used for soldiers who are separated involuntarily based on reduction in force, strength limitations, or budgetary restraints.
CONCLUSIONS:
1. The Board concluded that the applicant was eligible for full separation pay at the time of his separation. The evidence of record indicates he met the regulatory prerequisites for full separation pay, based on his having completed his first full term of service and over 6 years of active service; and the fact that he was ineligible to reenlist based on the RCP for his grade.
2. The SPD code MCC, contained in Block 27 of the applicants DD Form 214 is incorrect. The SPD code assigned the applicant should have been JCC/LCC based on the applicants eligibility for full separation pay and the narrative reason for separation being reduction in force.
3. In view of the foregoing, the applicants records should be corrected as recommended below.
RECOMMENDATION:
1. That all of the Department of the Army records related to this case be corrected by assigning the individual concerned the SPD code JCC/LCC and issuing a corrected DD Form 214.
2. That all financial records of the individual concerned be corrected to reflect he was entitled to full separation pay at the time he was released from active duty.
BOARD VOTE:
________ ________ ________ GRANT AS STATED IN RECOMMENDATION
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
______________________
CHAIRPERSON
ARMY | BCMR | CY1997 | 9710224
The applicant requests correction of military records as stated in the application to the Board and as restated herein. The applicant states in effect, that he was separated because he was unable to reenlist based on the retention control point (RCP) for soldiers in grade E-4; that he was authorized full separation pay at the time of his separation; and that now finance indicates he was ineligible based on the SPD code contained on his DD Form 214. It states, in pertinent part, that...
ARMY | BCMR | CY2003 | 2003084302C070212
The SPD Code of "JBK" is used when the authority for involuntary discharge is Army Regulation 635-200, chapter 4, due to "Completion of Required Active Service" for Regular Army soldiers ineligible for, barred from, or otherwise denied reenlistment, who are separated upon completion of enlistment. It provides, in pertinent part, that full separation pay is authorized for soldiers who are fully qualified for retention but are denied reenlistment under established RCP provisions and are...
ARMY | BCMR | CY2006 | 20060003967C070205
Exhibit B - Military Personnel Records (including advisory opinion, if any). The SPD Code of "JBK" is used when the authority for involuntary discharge is Army Regulation 635-200, chapter 4, due to "Completion of Required Active Service" for Regular Army soldiers ineligible for, barred from, or otherwise denied reenlistment, who are separated upon completion of enlistment. Therefore, absent evidence to show that he was denied reenlistment or continuation on active duty, there appears to be...
ARMY | BCMR | CY1995 | 9507452C070209
The applicant requests that he be authorized separation pay for his 10 years, 2 months, and 21 days of total active service. It states, in pertinent part, that a soldier serving on active duty in the pay grade of E-4 or lower will not be allowed to reenlist for a period that will exceed the maximum retention control point of 8 years and 29 days of total active service. RECOMMENDATION: That all of the Department of the Army records related to this case be corrected to reflect that the...
ARMY | BCMR | CY2008 | 20080016741
The applicant specifically requests correction of his reenlistment eligibility (RE) code from RE-1 to RE-3 and his Separation Designator Code (SPD) from KBK to JBK. 2. On 5 February 1998, the applicant was honorably discharged in accordance with chapter 4 of Army Regulation (AR) 635-200 (Personnel Separations) for completion of required active service with entitlements to full involuntary separation pay. The SPD Code of "JBK" was used when the authority for involuntary discharge is...
ARMY | BCMR | CY2014 | 20140001679
However, his record contains a DD Form 214 which shows he was honorably discharged from active duty in pay grade E-2 on 12 April 1995. The regulation provided that prior to discharge or release from active duty individual would be assigned RE codes based on their service records or the reason for discharge. The regulation states the: * SPD code of "LCC" be used for individuals involuntarily released from active duty after being denied reenlistment based on reduction in force, strength...
CG | BCMR | Discharge and Reenlistment Codes | 1998-055
This final decision, dated June 15, 2000, is signed by the three duly APPLICANT’S ORIGINAL ALLEGATIONS AND REQUESTED RELIEF The applicant, a former xxxxxxxxxx, asked the Board to correct her record by changing the separation code (SPD code) and narrative reason for discharge in blocks 26 and 28, respectively, on the DD 214 discharge form issued upon her release from active duty. On August 15, 1991, the applicant signed another statement of under- standing regarding MGIB (form DD 2366) with...
ARMY | BCMR | CY2012 | 20120001866
Army Regulation 635-5-1 (SPD Codes) provides the specific authorities and reasons for separating Soldiers from active duty, and the SPD codes to be entered on the DD Form 214. The applicant contends, in effect, that his DD Form 214 should be changed to show an RE code that would permit him to reenter the military service. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by showing on his DD Form 214 his RE code as 2B.
ARMY | BCMR | CY2002 | 2002068162C070402
In order to qualify, a soldier must: have served on active duty for more than 6 but less than 20 years; have served at least 5 years of continuous active duty immediately preceding the date of separation; if a Reserve, be on the active duty list; and meet such other requirements as the Secretary may prescribe from time to time, which may include requirements relating to -- years of service; skill or rating; grade or rank; and remaining period of obligated service. DISCUSSION : Considering...
ARMY | BCMR | CY2003 | 2003090709C070212
The applicant requests that he receive separation pay and benefits for his service. While it would have been appropriate at the time to do so because the applicant would not have had to attend training, the evidence suggests that after 12+ years that have elapsed and the fact that the applicant is now 40 years of age, it would also be in the interest of justice to grant the applicant an exception to policy by not requiring him to serve in the Ready Reserve as a condition of receiving...