| Mr. Carl W. S. Chun | Director | |
| Ms. Wanda L. Waller | Analyst |
| Mr. Roger W. Able | Chairperson | |
| Ms. Karen Y. Fletcher | Member | |
| Mr. Bernard P. Ingold | Member |
APPLICANT REQUESTS: That item 26 (Separation Code) on his DD Form 214 (Certificate of Release or Discharge from Active Duty) be changed to show Separation Program Designator (SPD) code “MBK” instead of “LBK.”
APPLICANT STATES: That at the time of his separation from active duty, the wrong separation code was entered on his DD Form 214. He contends that the correct separation code should be “MBK.” He states that the only reason for his separation was expiration term of service, that he received an honorable discharge and that his reentry code was RE-1. In support of his application, he submits a copy of his DD Form 214 and DA Form 1811 (Physical Data and Aptitude Test Scores Upon Release from Active Duty), dated 27 October 1992.
EVIDENCE OF RECORD: The applicant's military records show:
The applicant enlisted on 1 November 1988 for a period of 4 years. He served as an infantryman. On 30 October 1992, the applicant was honorably released from active duty under the provisions of Army Regulation 635-200, chapter 4, for expiration term of service.
Item 26 (Separation Code) on his DD Form 214 shows “LBK.” Army Regulation 635-5-1 (Separation Program Designator Codes), in effect at the time of the applicant’s separation on 30 October 1992, states the reason for discharge based on separation code “LBK” is “Expiration term of service” and the regulatory authority is Army Regulation 635-200 (Enlisted Personnel), chapter 4 or Army Regulation 635-100 (Officer Personnel), chapter 3, section XIV. This separation code is used for an involuntary release from active duty or transfer.
Army Regulation 635-5-1, in effect at the time, states the reason for discharge based on separation code “MBK” is “Expiration term of service” and the regulatory authority is Army Regulation 635-100 (Officer Personnel), chapter 3, section XIV. This separation code is used for a voluntary release of an officer from active duty or transfer.
In the processing of this case, a staff advisory opinion was obtained from the Chief, Enlisted Career Systems Division. The opinion points out that the Enlisted Career Systems Division does not have the authority to provide full administrative relief. However, that office concurs with the applicant’s request and recommends that relief be granted. The opinion also states that there is no evidence in the available records to indicate that the use of separation code “LBK” was warranted. Also, that separation code “MBK” should have been entered on the DD Form 214 in question.
On 17 October 2002, the advisory opinion was provided to the applicant for review and possible rebuttal. The applicant responded on 23 October 2002 and concurred with the advisory opinion rendered in his case.
Army Regulation 635-200 sets forth the basic authority for the separation of enlisted personnel. Chapter 4 of that regulation provides, in pertinent part, for the discharge or release from active duty upon termination of enlistment, and other periods of active duty or active duty for training.
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.
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. The Board considered the applicant’s contention that the wrong separation code was entered on his DD Form 214 at the time of his separation on
30 October 1992.
2. The Board considered the applicant’s contention that the correct separation code should be “MBK” instead of “LBK.”
3. The Board also considered the favorable advisory opinion provided by the Chief, Enlisted Career Systems Division.
4. However, the governing regulation, in effect at the time of the applicant’s separation on 30 October 1992, states the reason for discharge based on separation code “LBK” is “Expiration term of service” and the regulatory authority is Army Regulation 635-200 (Enlisted Personnel), chapter 4 or Army Regulation 635-100 (Officer Personnel), chapter 3, section XIV.
5. The governing regulation, in effect at the time of the applicant’s separation on 30 October 1992, states the reason for discharge based on separation code “MBK” is “Expiration term of service” and the regulatory authority is Army Regulation 635-100 (Officer Personnel), chapter 3, section XIV, which pertains to officers.
6. The applicant was honorably released from active duty under the provisions of Army Regulation 635-200, chapter 4, for expiration term of service. Therefore, the separation code of “LBK” shown in item 26 (Separation Code) on the applicant’s DD Form 214 is correct as currently constituted.
7. 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.
8. 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
RWA____ KYF____ BPI_____ DENY APPLICATION
| CASE ID | AR2002076048 |
| SUFFIX | |
| RECON | |
| DATE BOARDED | 20021212 |
| TYPE OF DISCHARGE | |
| DATE OF DISCHARGE | |
| DISCHARGE AUTHORITY | |
| DISCHARGE REASON | |
| BOARD DECISION | DENY |
| REVIEW AUTHORITY | |
| ISSUES 1. | 100.0000 |
| 2. | |
| 3. | |
| 4. | |
| 5. | |
| 6. |
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