PROCEEDINGS


         IN THE CASE OF:
        

         BOARD DATE: 25 February 2003
         DOCKET NUMBER: AR2002071236


         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.

Mr. Carl W. S. Chun		Director
Ms. Wanda L. Waller		Analyst

The following members, a quorum, were present:

Mr. John N. Slone		Chairperson
Mr. Ronald E. Blakely		Member
Mr. Lawrence Foster		Member

         The applicant and counsel if any, did not appear before the Board.

         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.

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2. The applicant requests correction of the separation program designator (SPD) shown in item 9a (Authority and Reason) on his DD Form 214 (Report of Separation from Active Duty) with an effective date of 9 September 1977. He also requests correction of item 26 (Separation Code) on his DD Form 214 (Certificate of Release or Discharge from Active Duty) with an effective date of
6 November 1989.

3. The applicant states, in effect, that SPD “LBK” indicates involuntary separation from active duty in Army Regulation 635-5-1 (Separation Program Designators). He contends that SPD “JBK” also indicates involuntary discharge from active duty. He states that his discharges were entirely voluntary. In support of his application, he submits copies of his DD Forms 14 with effective dates of 9 September 1977 and 6 November 1989.

4. The applicant’s military records show that he enlisted on 12 August 1974. He served as a dental specialist and was honorably discharged on 9 September 1977 under the provisions of Army Regulation 635-200, chapter 2, for completion of required service. The applicant was transferred to the U.S. Army Reserve.

5. The applicant entered active duty again on 5 November 1980. He served as a dental specialist and infantryman and was honorably discharged on
6 November 1989 under the provisions of Army Regulation 635-200, chapter 4, for expiration term of service. The applicant was transferred to the U.S. Army Reserve.

6. Item 9a (Authority and Reason) on the applicant’s DD Form 214 (Report of Separation from Active Duty) with an effective date of 9 September 1977 shows his SPD as “LBK.” Army Regulation 635-5-1 (Separation Program Designator Codes), in effect at the time of the applicant’s separation on 9 September 1977, states the reason for discharge based on separation code “LBK” is “Completion of required service” and the regulatory authority is Army Regulation 635-100 (Officer Personnel), paragraph 3-31a(2) or Army Regulation 635-200 (Enlisted Personnel), chapter 2. This separation code is used for an involuntary release or transfer from active duty.

7. Item 26 (Separation Code) on the applicant’s DD Form 214 with an effective date of 6 November 1989 shows “JBK.” Army Regulation 635-5-1 (Separation Program Designator Codes), in effect at the time of the applicant’s separation on 6 November 1989, states the reason for discharge based on separation code “JBK” is “Expiration term of service” and the regulatory authority is Army Regulation 635-200 (Enlisted Personnel), chapter 4. This separation code is used for an involuntary discharge from active duty.

8. Army Regulation 635-5-1, in effect at the time of the applicant’s separation on 6 November 1989, states the reason for discharge based on separation code “LBK” is “Expiration term of service” and the regulatory authority is Army Regulation 635-200, chapter 4 or Army Regulation 635-100 (Officer Personnel) chapter 3, Section XIV. This separation code is used for an involuntary release or transfer from active duty.

9. Army Regulation 635-5-1 (Separation Program Designator Codes) prescribes the specific authorities (regulatory, statutory, or other directives), the reasons for the separation of members from active military service, and the separation program designators to be used for these stated reasons.

10. Army Regulation 635-5-1 states, in pertinent part, that an involuntary release or transfer is a release or transfer to the Army National Guard or U.S. Army Reserve, provided the release or transfer is directed by an established directive and does not require an application or request from the soldier concerned.

11. Army Regulation 635-5-1 states, in pertinent part, that an involuntary discharge is a complete termination of military service, or termination of a specific military status, when a member holds more than one compatible military status. The discharge must be directed by an established directive, and/or does not require a request for discharge by the member concerned.

12. Army Regulation 635-5-1 states, in pertinent part, that a voluntary discharge is a complete termination of military service or termination of a specific status when holding more than one compatible status, provided the application or request for discharge is initiated by the soldier concerned.

CONCLUSIONS:

1. The evidence of record does not support the applicant's contention that his discharges were voluntary.

2. The governing regulation states that a voluntary discharge is a complete termination of military service or termination of a specific status when holding more than one compatible status, provided the application or request for discharge is initiated by the soldier concerned.

3. There is no evidence of record available to the Board, and the applicant has provided no evidence, which shows that he initiated a request for discharge in 1977 or in 1989.

4. Evidence of record shows the applicant was honorably discharged on
9 September 1977 under the provisions of Army Regulation 635-200, chapter 2, for completion of required service. The applicant was transferred to the U.S. Army Reserve.

5. Item 9a (Authority and Reason) on the applicant’s DD Form 214 (Report of Separation from Active Duty) with an effective date of 9 September 1977 shows his SPD as “LBK.” Army Regulation 635-5-1 (Separation Program Designator Codes), in effect at the time of the applicant’s separation on 9 September 1977, states the reason for discharge based on separation code “LBK” is “Completion of required service” and the regulatory authority is Army Regulation 635-100 (Officer Personnel), paragraph 3-31a(2) or Army Regulation 635-200 (Enlisted Personnel), chapter 2. This separation code is used for an involuntary release or transfer from active duty. Based on the foregoing, the SPD of "LBK" shown in item 9a (Authority and Reason) on the applicant's DD Form 214 with an effective date of 9 September 1977 is correct as currently constituted.

6. Evidence of record shows the applicant was honorably discharged on
6 November 1989 under the provisions of Army Regulation 635-200, chapter 4, for expiration term of service. The applicant was transferred to the U.S. Army Reserve.

7. Item 26 (Separation Code) on the applicant’s DD Form 214 with an effective date of 6 November 1989 shows “JBK.” Army Regulation 635-5-1 (Separation Program Designator Codes), in effect at the time of the applicant’s separation on 6 November 1989, states the reason for discharge based on separation code “JBK” is “Expiration term of service” and the regulatory authority is Army Regulation 635-200 (Enlisted Personnel), chapter 4. This separation code is used for an involuntary discharge from active duty.

8. Army Regulation 635-5-1, in effect at the time of the applicant’s separation on 6 November 1989, states the reason for discharge based on separation code “LBK” is “Expiration term of service” and the regulatory authority is Army Regulation 635-200, chapter 4 or Army Regulation 635-200 635-100, chapter 3, Section XIV. This separation code is used for an involuntary release or transfer from active duty.

9. Evidence of record shows the applicant was transferred to the U.S. Army Reserve following his release from active duty on 6 November 1989. Therefore, the applicant's separation code should be amended to show "LBK" in item
26 (Separation Code) on his DD Form 214 with an effective date of 6 November 1989.

10. In view of the foregoing findings and conclusions, it would be appropriate to correct the applicant’s records, but only as recommended below.

RECOMMENDATION:

1. That all of the Department of the Army records related to this case be corrected:
         a. by deleting the entry, "JBK" in item 26 (Separation Code) on the applicant’s DD Form 214 (Report of Separation from Active Duty) with an effective date of 6 November 1989; and

         b. by adding the entry, "LBK" in item 26 on this DD Form 214.

2. That so much of the application as is in excess of the foregoing be denied.

BOARD VOTE:

JNS____ REB____ LF______ GRANT AS STATED IN RECOMMENDATION

________ ________ ________ GRANT FORMAL HEARING

________ ________ ________ DENY APPLICATION




                  _John N. Slone_______
                  CHAIRPERSON

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INDEX

CASE ID	AR2002071236
SUFFIX
RECON
DATE BOARDED	20030225
TYPE OF DISCHARGE
DATE OF DISCHARGE
DISCHARGE AUTHORITY
DISCHARGE REASON
BOARD DECISION	GRANT
REVIEW AUTHORITY
ISSUES 1.	100.0000
2.
3.
4.
5.
6.