| Mr. Carl W. S. Chun | Director | |
| Mr. Robert J. McGowan | Analyst |
| Mr. John N. Slone | Chairperson | |
| Mr. Mark D. Manning | Member | |
| Ms. Barbara J. Ellis | Member |
THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:
1. The applicant requests that her DD Form 214 (Certificate of Release or Discharge From Active Duty), dated 27 November 1981, be corrected in three areas:
a. Block 12i (Reserve Obligation Termination Date) should be changed from "00 - 00 - 00" to "01 - 07 - 01."
b. Block 23 (Type of Separation) should be changed from "Discharge" to "Release."
c. Block 26 (Separation Code) should be changed from "JBK" to "MBK."
2. The applicant states, in effect, that the areas cited on her DD Form 214 are incorrect and need to be fixed.
3. The applicant provides a copy of the subject DD Form 214.
CONSIDERATION OF EVIDENCE:
1. The applicant is requesting correction of three alleged errors which occurred on 27 November 1981. The application submitted in this case is dated 4 December 2002.
2. Title 10, U.S. Code, Section 1552(b), provides that applications for correction of military records must be filed within 3 years after discovery of the alleged error or injustice. This provision of law allows the Army Board for Correction of Military Records (ABCMR) to excuse failure to file within the 3-year statute of limitation if the ABCMR determines that it would be in the interest of justice to do so. In this case, the ABCMR will conduct a review of the merits of the case to determine if it would be in the interest of justice to excuse the applicant’s failure to timely file.
3. The applicant enlisted in the Regular Army for 4 years on 28 November 1977 and was honorably discharged on 27 November 1981 under the provisions of chapter 2, Army Regulation (AR) 635-200, by reason of completion of required service.
4. Army Regulation (AR) 635-200, Enlisted Personnel, then in effect, set forth the basic authority for the separation of enlisted personnel. Chapter 2 of that regulation provided, in pertinent part, for the separation of personnel upon completion of their period of enlistment.
5. AR 635-5, Separation Documents, then in effect, prescribed the separation documents to be prepared for individuals upon retirement, discharge, or release from military service, and established standardized policy for completing the DD Form 214.
6. Army Regulation (AR) 635-5-1 provides separation codes for Soldiers based upon the type of separation -- discharge with no further obligation, or release from active duty (REFRAD) with a Reserve obligation -- and the nature of the separation, i.e., voluntary or involuntary. AR 635-5-1, Separation Program Designators, then in effect, listed the specific authorities and reasons for separation. It provided that Soldiers separated under chapter 2, AR 635-200 would be given a narrative reason for separation of "Completion of required service (ETS)" and a separation code of "JBK" in Block 26.
7. In response to her request for correction of her DD Form 214, the US Total Army Personnel Command (PERSCOM) made an administrative correction to Block 12i by changing the entry from "00 - 00 - 00" to "01 - 07 - 01." PERSCOM refused any further changes because the applicant's DD Form 214 was correct as written.
DISCUSSION AND CONCLUSIONS:
1. AR 635-5-1, in effect at the time of the applicant's separation, did not provide separation codes for voluntary discharge or REFRAD by reason of ETS. Many Soldiers were given the only separation code available -- "JBK" which really signified an involuntary discharge with no follow-on Reserve obligation.
2. The record indicates that the applicant served to completion of her ETS and voluntarily separated. Since she still had a 2-year Reserve obligation, her separation should have been a REFRAD. Therefore, Block 23 should have indicated "Release" and Block 12i should have held the date on which her Reserve obligation was completed, in this case "83 - 11 - 27." Furthermore, Block 9 (Command to Which Transferred) should have read "USAR Control Group (Reinforcement)" instead of "NA." The applicant should have been honorably discharged from the Reserve effective 27 November 1983.
3. In response to a similar case, the Office of the Deputy Chief of Staff, G-1 advised the staff of the Board that the proponent of AR 635-5-1, then in effect, provided a separation code only for the involuntary discharge of enlisted Soldiers separated by reason of expiration term of service (ETS). The proponent did not provide a separation code for voluntary discharge or voluntary/involuntary REFRAD under the provisions of AR 635-200. This was rectified in August 1993 with a revision to AR 635-5-1.
4. Under current standards, AR 635-5-1, dated 1 December 2000, Table C-1 (Voluntary Release from Active Duty or Transfer) now cites the separation code of "MBK" for Soldiers REFRAD by reason of ETS.
5. The PERSCOM-issued DD Form 215 is incorrect as it reflects a period of time rather than an end date for the applicant's Reserve obligation.
BOARD VOTE:
__jns___ __mdm___ __bje___ GRANT RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
2. The Board further determined that the evidence presented is insufficient to warrant a portion of the requested relief. As a result, the Board recommends denial of so much of the application that pertains to changing Block 12i to read "01 - 07 - 01" because such an entry would not be correct.
John N. Slone
______________________
CHAIRPERSON
| CASE ID | AR2002082874 |
| SUFFIX | |
| RECON | |
| DATE BOARDED | 20031118 |
| TYPE OF DISCHARGE | |
| DATE OF DISCHARGE | |
| DISCHARGE AUTHORITY | |
| DISCHARGE REASON | |
| BOARD DECISION | GRANT PLUS |
| REVIEW AUTHORITY | |
| ISSUES 1. | 110.0000 |
| 2. | |
| 3. | |
| 4. | |
| 5. | |
| 6. |
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