| Mr. Carl W. S. Chun | Director | |
| Ms. Lisa O. Guion | Analyst |
| Mr. Fred N. Eichorn | Chairperson | |
| Mr. John E. Denning | Member | |
| Mr. Terry L. Placek | Member |
APPLICANT REQUESTS: In effect, that block 28 (narrative reason for separation) of his DD Form 214 (Certificate of Release or Discharge from Active Duty) be corrected to reflect “to attend school”.
APPLICANT STATES: In effect, that he is being denied unemployment benefits by his State based on the narrative reason for separation contained on his separation document (DD Form 214), which reads “enter officer training program” when if it read “to attend school” he would be eligible for these benefits. The applicant claims that he was released from active duty to attend college as a member of the Reserve Officer Training Corps (ROTC), which would more appropriately be categorized as attending school rather than officer training, as indicated in his narrative reason for separation. He further comments that any actual officer training he receives will take place upon completing his degree requirements in school and after he is commissioned as an officer. He indicates that the term attending officer training would more appropriately be applied to members attending Officer Candidate School (OCS), which is actually an officer training program and that the term attending school is the most appropriate term to use as the narrative reason for his separation given that is what he will be doing until he completes his degree requirements. The applicant’s full statement containing his expanded argument is enclosed.
EVIDENCE OF RECORD: The applicant's military records show:
On 3 February 1998, he entered active duty for 4 years and he served continuously until 20 December 2000, when he was honorably released from active duty (REFRAD) after completing 2 years, 10 months, and 18 days of active military service.
The applicant’s record shows that the highest rank he attained while serving on active duty was sergeant/E-5 (SGT/E5) and that he earned the following awards: Army Achievement Medal (2nd Award); Army Service Ribbon; Marksmanship Qualification Badge-M-16 Rifle; and Air Assault Badge.
The DD Form 214 issued to the applicant on the date of his separation confirms that he was separated under the provisions of paragraph 16-2, Army Regulation 635-200 and was accordingly assigned a Separation Program Designator (SPD) code of KGX and a corresponding narrative reason for separation of “Enter Officer Training Program”.
Army Regulation 635-200 sets forth the basic authority for the separation of enlisted personnel. Paragraph 16-2 provides the policy and procedure for the separation of enlisted members for acceptance into a program leading to a commission or warrant officer appointment, which includes, in pertinent part, the ROTC program.
Army Regulation 635-5-1 (SPD) Codes) provides the specific authorities (regulatory or directive), reasons for separating soldiers from active duty, and the SPD codes to be entered on the DD Form 214. The SPD code of KGX was the appropriate code for the applicant based on the guidance provided in Army Regulation 635-5-1 for soldiers separating under the provisions of paragraph
16-2, Army Regulation 635-200 to attend ROTC.
DISCUSSION: Considering all the evidence, allegations, and information presented by the applicant, together with the evidence of record, applicable law and regulations, it is concluded:
1. The Board notes the applicant’s contention that it is unjust for him to be denied unemployment benefits based on the narrative reason for separation listed in his DD Form 214 but it finds this claim lacks merit.
2. The evidence of record clearly shows the applicant was REFRAD voluntarily based on his acceptance to the ROTC program, under the provisions of paragraph 16-2, Army Regulation 635-200, and that he was properly assigned an SPD code of KGX and a corresponding narrative reason for separation of “Enter Officer Training Program” in accordance with applicable regulations. Therefore, the Board finds no evidentiary basis for granting the requested relief.
3. Further, while the Board understands the applicant’s frustration at being denied unemployment benefits, these benefits are administered under State law and are not within its purview.
4. 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 this requirement.
5. 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
___FNE__ __JED__ ___TLP__ DENY APPLICATION
| CASE ID | AR2001058477 |
| SUFFIX | |
| RECON | YYYYMMDD |
| DATE BOARDED | 2001/09/13 |
| TYPE OF DISCHARGE | (HD, GD, UOTHC, UD, BCD, DD, UNCHAR) |
| DATE OF DISCHARGE | YYYYMMDD |
| DISCHARGE AUTHORITY | AR . . . . . |
| DISCHARGE REASON | |
| BOARD DECISION | DENY |
| REVIEW AUTHORITY | |
| ISSUES 1. | 110.0000 |
| 2. | |
| 3. | |
| 4. | |
| 5. | |
| 6. |
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