| Mr. Carl W. S. Chun | Director | |
| Mr. Joseph A. Adriance | Analyst |
| Mr. Samuel A. Crumpler | Chairperson | ||
| Ms. Shirley L. Powell | Member | ||
| Mr. John T. Meixell | Member |
2. The applicant requests, in effect, that the Separation Program Designator (SPD) code entered on his 16 October 2002 separation document (DD Form 214) be corrected.
8.
3. The applicant states, in effect, the SPD code entered in Item 26 (Separation Code) of the DD Form 214 issued to him upon his separation on 16 October 2002 should read VBK, to indicate he was a recalled retiree reverting to the Retired List, instead of the MBK code that is currently listed. He claims that the incorrect SPD code was entered because he separated in the middle of a month.
4. The applicant’s military records show that he was released from active duty (REFRAD), for the purpose of voluntary early retirement on 31 October 1995. It also shows that he was placed on the Retired List, in the rank and pay grade of major/0-4, on the following day, 1 November 1995.
5. The DD Form 214 in question was issued to the applicant at the completion of a 6 month and 4 day period of active duty service he completed between 13 April and 16 October 2002. This document confirms that he was ordered to active duty in support of Operation Noble Eagle under the provisions of Title 10 of the Untied States Code, section 12301D (10 USC 12301D). It also verifies that he was separated by reason of completion of required active service, and that he was assigned a SPD code of MBK.
6. 10 USC 12301D provides the legal authority, in time of war or of national emergency declared by Congress or when otherwise authorized by law, for an authority designated by the Secretary concerned to order a member of a Reserve Component under his jurisdiction to active duty, or retain him on active duty, with the consent of that member.
7. Army Regulation 600-8-24 prescribes the officer transfers from active duty to the Reserve Component and discharge functions for all officers on active duty for 30 days or more. It provides principles of support, standards of service, policies, tasks, rules, and steps governing all work required to support officer transfers and discharges. Paragraph 2-7 provides the rules for processing voluntary REFRAD due to expiration of active duty commitment.
CONCLUSIONS:
1. The Board notes the applicant’s contention that the SPD code listed in his
16 October 2002 DD Form 214 should be changed to VBK, and it finds this claim has merit.
2. By regulation, the SPD code of VBK will be used for recalled retirees reverting to the Retired List at the completion of required active service or period for which ordered to active duty. Therefore, the Board concludes that it would be appropriate to amend Item 26 (Separation Code) of the applicant’s 16 October 2002 DD Form 214 to read VBK, vice MBK, as is currently listed.
3. In view of the foregoing, the applicant’s records should be corrected as recommended below.
RECOMMENDATION:
That all of the Department of the Army records related to this case be corrected by amending Item 26 (Separation Code) of the 16 October 2002 DD Form 214 of the individual concerned to read “VBK”, vice MBK, as is currently listed; and by providing him a corrected separation document that reflects this change.
BOARD VOTE:
__JM__ __SLP___ __SAC__ GRANT AS STATED IN RECOMMENDATION
________ ________ _______ GRANT FORMAL HEARING
________ ________ ______ DENY APPLICATION
Samuel A. Crumpler
CHAIRPERSON
| CASE ID | AR2003083978 |
| SUFFIX | |
| RECON | |
| DATE BOARDED | 2003/06/DD |
| TYPE OF DISCHARGE | HD |
| DATE OF DISCHARGE | 2002/10/16 |
| DISCHARGE AUTHORITY | AR 600-8-24 |
| DISCHARGE REASON | Completion of Required Service |
| BOARD DECISION | GRANT |
| REVIEW AUTHORITY | |
| ISSUES 1. 1021 | 100.0000 |
| 2. | |
| 3. | |
| 4. | |
| 5. | |
| 6. |
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