| Mr. Carl W. S. Chun | Director | |
| Ms. Joyce A. Wright | Analyst |
| Ms. Margaret K. Patterson | Chairperson | |
| Ms. Mae M. Bullock | Member | |
| Ms. Jennifer L. Prater | Member |
APPLICANT REQUESTS: In effect, that item 26 (Separation Code) of his DD Form 214 (Certificate of Release or Discharge from Active Duty) be corrected to show a more favorable Separation Program Designator (SPD) code.
APPLICANT STATES: That the SPD Code of "KDB" was placed in error. He
attempted to have it corrected prior to his separation from active duty; however, his time was limited. In support of his application, he submits a copy of his DD Form 214.
EVIDENCE OF RECORD: The applicant's military records show he enlisted
on 18 January 1989, as a medical supply specialist. He continued to serve through a series of continuous reenlistments.
The facts and circumstances pertaining to the applicant’s release from active duty are not present in the available records. However, his DD Form 214 shows that on 9 November 2000, he was released from active duty under the provisions of Army Regulation 635-200, paragraph 6-3a due to hardship. He had a total of 11 years, 9 months, 22 days of creditable service. He was issued an SPD code of "KDB."
Army Regulation 635-200 sets forth the basic authority for the separation of enlisted personnel. Chapter 6 of that regulation provides, in pertinent part, for the separation of personnel because of genuine dependency or hardship.
Separation under this chapter is for the "Convenience of the Government."
An application for such separation will be approved when a service member can substantiate that his/her situation or immediate family's situation has been aggravated to an excessive degree since enlistment, that the condition is not temporary, and that discharge will improve the situation.
Paragraph 6-3a, provides for the separation for dependency. Dependency exists when death or disability of a member of a soldier’s (or spouse’s) immediate family causes that member to rely upon the soldier for principal care or support.
Army Regulation 635-5-1, in effect at that time, prescribed 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. The regulation shows that the separation program designator (SPD) "KDB", as shown on the applicant’s DD Form 214, is appropriate for voluntary discharge when the narrative reason for discharge is
"Hardship" and that the authority for discharge under this SPD is "Army Regulation 635-200, paragraph 6-3a."
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. In the absence of evidence to the contrary, it must be presumed that the applicant’s administrative separation was accomplished in compliance with applicable regulations with no procedural errors, which would tend to jeopardize his rights.
2. The type of separation directed and the reasons for that separation were appropriate considering all of the available facts of the case.
3. The applicant was separated and assigned an SPD code in accordance with regulations. The applicant has also failed to show, through the evidence submitted with his application or the evidence of record, that the SPD code of
"KDB" issued to him was incorrect.
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
__mp___ __mb___ ___jp___ DENY APPLICATION
| CASE ID | AR2002074574 |
| SUFFIX | |
| RECON | |
| DATE BOARDED | 20030114 |
| TYPE OF DISCHARGE | HD |
| DATE OF DISCHARGE | 20001109 |
| DISCHARGE AUTHORITY | AR 635-200, parag 6-3a |
| DISCHARGE REASON | |
| BOARD DECISION | DENY |
| REVIEW AUTHORITY | |
| ISSUES 1. | 191 |
| 2. | |
| 3. | |
| 4. | |
| 5. | |
| 6. |
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