| Mr. Carl W. S. Chun | Director | |
| Ms. Wanda L. Waller | Analyst |
| Mr. Thomas B. Redfern | Chairperson | |
| Ms. Linda D. Simmons | Member | |
| Mr. John T. Meixell | Member |
APPLICANT REQUESTS: That item 26 (Separation Code) on his DD Form 214 (Certificate of Release or Discharge from Active Duty) with an effective date of
7 November 1986 be changed to show Separation Program Designator (SPD) code "MBK" instead of "LBK."
APPLICANT STATES: That he has no marks on his record that reflect that this code is appropriate for his service. He contends that his active duty conduct is without question in the standard of the U.S. Army and the Alabama National Guard and that he has an outstanding military bearing. In support of his application, he submits an Official Statement of Service, dated 25 June 2002; a copy of his DD Form 214 with an effective date of 21 June 1991; a copy of his DD Form 214 with an effective date of 7 November 1986; and excerpts from Army Regulation 635-5-1 (Separation Program Designators) dated 1 December 2000.
EVIDENCE OF RECORD: The applicant's military records show:
The applicant enlisted on 9 November 1983 for a period of 3 years. He served as a unit supply specialist. On 7 November 1986, 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 the applicant's DD Form 214 with an effective date of 7 November 1986 shows “LBK.” Army Regulation 635-5-1 (Separation Program Designator Codes), in effect at the time of the applicant’s separation on 7 November 1986, 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 of the applicant's separation on
7 November 1986, 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 support of his claim, the applicant provided excerpts from Army Regulation 635-5-1 effective 1 December 2000.
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, 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
7 November 1986.
2. The Board considered the applicant’s contention that the correct separation code should be “MBK” instead of “LBK.”
3. However, the applicant referred to a regulation not in effect at the time of his separation.
4. The governing regulation, in effect at the time of the applicant’s separation on 7 November 1986, 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 7 November 1986, 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 with an effective date of 7 November 1986 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
TBR____ LDS____ JTM_____ DENY APPLICATION
| CASE ID | AR2002080186 |
| SUFFIX | |
| RECON | |
| DATE BOARDED | 20030501 |
| 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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