| Mr. Carl W. S. Chun | Director | |
| Ms. Deborah L. Brantley | Senior Analyst |
| Mr. Raymond V. O'Connor, Jr. | Chairperson | |
| Ms. Lana E. McGlynn | Member | |
| Ms. Yolanda Maldonado | Member |
THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:
1. The applicant requests, in effect, that the authority for his 1997 separation from active duty be changed from Army Regulation (AR) 635-200, paragraph
5-17, to Army Regulation 635-200, paragraph 5-16.
2. The applicant states, in effect, that he recently attempted to join the Armed Forces and was told that he could not proceed with his application because his 1997 separation document indicated that he had previous left the service “under a medical discharge.” He states that he was discharged in 1997 to attend school and not because of any medical reasons. He notes that the narrative reason for his separation (item 28) and his separation code are both consistent with being separated early in order to attend school. He states that authority for his separation (paragraph 5-17) is incorrect.
3. The applicant provides a copy of his 1997 separation document and extracts from Army Regulation 635-200 to support his application.
4. The applicant’s request was accepted via a Department of Defense Form 293, rather than on a Department of Defense Form 149.
CONSIDERATION OF EVIDENCE:
1. The applicant is requesting correction of an error which occurred on 6 June 1997. The application submitted in this case is dated 8 February 2003.
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. Records available to the Board indicate the applicant enlisted in the Regular Army and entered active duty for a period of 3 years on 1 September 1994. As a result of his enlistment, his scheduled separation date would have been established as 31 August 1997.
4. On 17 April 1997 the applicant submitted a request to be released from active duty early in order to attend a field training encampment as part of a program to enter an Air Force Reserve Officer Training Program at the University of Miami. Included with his application was a statement from the Department of the Air Force, Air University, indicating that the applicant had been awarded a 2 year Professional Officer Corps Incentive Scholarship to begin in the fall of 1997. The statement also noted that the applicant was to begin an initial field training encampment on 8 July 1997.
5. In the processing of the applicant’s request to be released from active duty with the Army, his chain of command cited Army Regulation 635-200, paragraph 16-2 as the basis for the applicant’s request.
6. Army Regulation 635-200 (Enlisted Personnel) indicates that paragraph 16-2 provided for the discharge of enlisted Soldiers for acceptance into a program leading to a commission or warrant officer appointment.
7. While the final disposition of the applicant’s request was not in records available to the Board, the applicant was honorably discharged on 6 June 1997, less than 90 days prior to his originally scheduled separation date of 31 August 1997.
8. The applicant’s separation document indicates that the narrative reason for his separation was “attend school” and his SPD (separation program designator) code is consistent with the narrative reason. However, the authority for his discharge is recorded as “AR 635-200, PARA 5-17” on his separation document.
9. Army Regulation 635-200, paragraph 5-17 provides for the administrative separation of enlisted Soldiers for physical or mental conditions not amounting to disability which could potentially interfere with assignment to or performance of duty, including such things as chronic airsickness, chronic seasickness, sleepwalking, dyslexia, severe nightmares, or claustrophobia.
10. Army Regulation 635-200, paragraph 5-16 provides for the administrative separation of enlisted Soldiers up to 90 days before their scheduled separation date to further their education. To qualify for such a separation a Soldier must not be mission essential, it must be clearly established that the specific school term for which the Soldier is seeking early separation is academically the most opportune time for them to begin and that delay of school enrollment until after the Soldier’s normal scheduled separation date would cause undue personal hardship.
DISCUSSION AND CONCLUSIONS:
1. The evidence shows that the applicant was within 90 days of his scheduled separation date when he was honorably discharged and that he had been accepted into an educational program, which could ultimately lead to a commission.
2. While it is unclear why the applicant was not discharged under the provision of Army Regulation 635-200, paragraph 16-2, there is no evidence that he had any physical or mental conditions, which would have resulted in his separation under paragraph 5-17 of that regulation.
3. The fact the applicant’s narrative reason and SPD code are consistent with an individual being separated in order to attend school, it appears that the regulatory cite on his separation document was merely a typographical error and should have reflected paragraph 5-16 and not 5-17.
BOARD VOTE:
__RVO__ ___LEM _ ___YM __ GRANT RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
| CASE ID | AR2003086149 |
| SUFFIX | |
| RECON | YYYYMMDD |
| DATE BOARDED | 20031125 |
| TYPE OF DISCHARGE | (HD, GD, UOTHC, UD, BCD, DD, UNCHAR) |
| DATE OF DISCHARGE | YYYYMMDD |
| DISCHARGE AUTHORITY | AR . . . . . |
| DISCHARGE REASON | |
| BOARD DECISION | GRANT |
| REVIEW AUTHORITY | |
| ISSUES 1. | 110.00 |
| 2. | |
| 3. | |
| 4. | |
| 5. | |
| 6. |
ARMY | DRB | CY2010 | AR20100012965
His DD Form 214 indicates he was separated early under the provisions of Chapter 5, paragraph 5-17, AR 635-200, to attend school, with an honorable discharge. The narrative reason specified by Army Regulation 635-200, in effect at the time, for a discharge under this paragraph is "to attend school", and the separation code is "MCF." Board Action Directed President, Army Discharge Review Board Issue a new DD Form 214 Change Characterization to: Change Reason to: NA Other: NA RE Code: Grade...
ARMY | BCMR | CY2014 | 20140000085
The applicant requests correction of the entries in the following items on his DD Form 214 (Certificate of Release or Discharge from Active Duty): * item 25 (Separation Authority) * item 27 (Reentry (RE) Code) 2. On 25 November 1997, the separation authority approved the applicant's release from active duty under the provisions of Army Regulation 635-200, paragraph 5-17. The evidence shows he was released from active duty under the provisions of Army Regulation 635200, paragraph 5-17 at...
ARMY | DRB | CY2010 | AR20100011036
c. Response to Issues, Recommendation and Rationale: After a careful review of all the applicants military records during the period of enlistment under review and the issue and documents submitted with the application, the analyst found no mitigating factors that would merit a change to the narrative reason for discharge on the applicant's DD Form 214. The narrative reason specified by Army Regulation 635-200, in effect at the time, for a discharge under this paragraph is "to attend...
ARMY | BCMR | CY2010 | 20100029839
The DD Form 214 he was issued shows the following entries: * Item 12a (Date Entered AD This Period) 2000 11 08 * Item 12b (Separation Date This Period) 2003 09 07 * Item 12c (Net Active Service This Period) 0002 10 00 * Item 18 (Remarks) In part, MEMBER HAS COMPLETED FIRST FULL TERM OF SERVICE * Item 21 (Signature of Member Being Separated) his authentication confirming the information contained therein was correct * Item 26 (Separation Code) - MCF 5. The evidence of record...
ARMY | BCMR | CY2014 | 20140001011
The applicant requests correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show his separation date as 4 October 2013 and his reentry eligibility (RE) code as 1. The applicant provides: * self-authored statement, dated 6 January 2014 * DD Form 214 for the period 24 March 1997-23 March 2001 (U.S. Marine Corps) * DD Form 214 for the period 30 August 2001-29 August 2004 (U.S. Army) * DD Form 214 for the period 12 June 2006-21 February 2007 (U.S. Air Force...
ARMY | BCMR | CY2014 | 20140001011
The applicant requests correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show his separation date as 4 October 2013 and his reentry eligibility (RE) code as 1. The applicant provides: * self-authored statement, dated 6 January 2014 * DD Form 214 for the period 24 March 1997-23 March 2001 (U.S. Marine Corps) * DD Form 214 for the period 30 August 2001-29 August 2004 (U.S. Army) * DD Form 214 for the period 12 June 2006-21 February 2007 (U.S. Air Force...
ARMY | BCMR | CY2009 | 20090019141
The applicant requests correction of his Enlisted Record Brief (ERB) and DD Form 214 (Certificate of Release or Discharge from Active Duty) to show pay grade E-6 and reentry (RE) code RE-1. His Enlisted Record Brief, dated 15 March 2006, shows he was reduced to the rank of SGT on 23 March 2005. The record is void of documentation showing he was promoted to pay grade E-6 from the date of his reduction to the date of his discharge.
ARMY | DRB | CY2008 | AR20080014557
The Applicant was discharged from the Army on 26 May 2008 b. Chapter 5, paragraph 5-16, stipulates that Soldiers may be discharged or released from active duty for the convenience of the Government, up to 90 days before ETS, in order to attend a specific term at college, university, vocational school, or technical school. Board Action Directed President, Army Discharge Review Board Issue a new DD Form 214 Change Characterization to: Change Reason to: NA Other: NA RE Code: Grade...
ARMY | DRB | CY2013 | AR20130003836
EVIDENCE OBTAINED FROM THE APPLICANT'S RECORD: U.S. Army Human Resources Command orders D-05-516471, dated 10 May 2005, showing the applicant was discharged from the USAR effective 10 May 2005 with a characterization of honorable. EVIDENCE SUBMITTED BY THE APPLICANT: The applicant provided a DD Form 149, copy of DA Form 256A (Honorable Discharge Certificate), dated 10 May 2005, and copy of DD Form 214 for the period of service under review. In the case of a USAR Soldier on active duty (AD)...
ARMY | BCMR | CY2004 | 20040007209C070208
Linda D. Simmons | |Member | The Board considered the following evidence: Exhibit A - Application for correction of military records. The applicant provides a DA Form 4187, dated 17 April 2002, which shows he requested a 90 day early separation to attend school. The regulation in effect at the time identified the SPD code of MCF as the appropriate code to assign RA Soldiers separated under the provisions of paragraph 5- 17, Army Regulation 635-200, who were separated early to attend school.