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ARMY | BCMR | CY2004 | 20040006152C070208
Original file (20040006152C070208.doc) Auto-classification: Approved



                            RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:            24 May 2005
      DOCKET NUMBER:  AR20040006152


      I certify that hereinafter is recorded the true and complete record
of the proceedings of the Army Board for Correction of Military Records in
the case of the above-named individual.

|     |Mr. Carl W. S. Chun               |     |Director             |
|     |Mr. Joseph A. Adriance            |     |Analyst              |


      The following members, a quorum, were present:

|     |Ms. Margaret V. Thompson          |     |Chairperson          |
|     |Mr. John T. Meixell .             |     |Member               |
|     |Mr. Leonard G. Hassell            |     |Member               |

      The Board considered the following evidence:

      Exhibit A - Application for correction of military records.

      Exhibit B - Military Personnel Records (including advisory opinion,
if any).

THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:

1.  The applicant requests, in effect, that Item 28 (Narrative Reason for
Separation) of his 1 August 2002 separation document (DD Form 214)
be corrected to show he was separated under the provisions of the
Army National Guard Combat Reform Initiative (ANGCRI).

2.  The applicant states, in effect, that he was separated under the
provisions of the ANGCRI and that his DD Form 214 should reflect this fact.


3.  The applicant provides Military Personnel (MILPER) Message (MSG)
 02-135 (Opening of the FY02 ANGCRI), United States Army Personnel Command
(PERSCOM) Msg 170310Z, and his DD Form 214 in support of his application.

CONSIDERATION OF EVIDENCE:

1.  The record shows that PERSCOM announced the opening of the Fiscal Year
2002 (FY02) ANGCRI in MILPER MSG 02-135.  The plan allowed for selected
Army competitive category commissioned officers on the active duty list to
volunteer for release under the FY02 ANGCRI.

2.  On 17 July 2002, PERSCOM approved the applicant’s request for release
from active duty (REFRAD) under the provisions of chapter 2, Section II,
Army Regulation 600-8-24.  PERSCOM directed the applicant be separated on
1 August 2002, and that he would be assigned a separation program
designator (SPD) code of MND.  The PERSCOM approval msg stipulated that the
separation/transition point would ensure the DD Form 214 issued to the
applicant indicated that he was approved for separation under the
provisions of the
FY02 ANGCRI.

3.  On 1 August 2002, the applicant was REFRAD after completing a total of
4 years and 7 months of active military service.  The DD Form 214 he was
issued shows he held the rank of first lieutenant on the date of his
separation.  Item 25 (Authority for Separation) contains an entry showing
he was separated under the provisions of Army Regulation 600-8-24,
Paragraph 2-5 and Item 28 lists the narrative reason for his separation as
miscellaneous/general reasons.

4.  Army Regulation 600-8-24 (Officer Transfers and Discharges) provides
the policy for the separation or discharge of active duty officers.
Section II, paragraph 2-5 provides guidance on the voluntary separation for
personal reasons.
5.  Army Regulation 635-5-1 (SPD Codes) provides the specific authorities
(regulatory or directive), reasons for separating soldiers from active
duty, and the SPD codes to be entered on the DD Form 214.  It states, in
pertinent part, that the SPD code of MND is the appropriate code to assign
to soldiers separated under the provisions of Army Regulation 600-8-24, for
miscellaneous/general reasons.

DISCUSSION AND CONCLUSIONS:

The evidence of record confirms the PERSCOM directive that the applicant’s
DD Form 214 show he was separated under the provisions of the FY02 ANGCRI
was not complied with by the separation/transition point that prepared his
DD Form 214.  Thus, it would be appropriate to grant the requested relief
in this case.

BOARD VOTE:

___MVT _  ___JTM _  ___LGH_  GRANT FULL RELIEF

________  ________  ________  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The Board determined that the evidence presented was sufficient to warrant
a recommendation for relief.  As a result, the Board recommends that all
Department of the Army records of the individual concerned be corrected by
amending Item 28 of his 1 August 2002 DD Form 214 by deleting the current
entry and replacing it with the entry “Fiscal Year 2002 Army National Guard
Combat Reform Initiative”; and by providing him a corrected separation
document that includes this change.




            ____Margaret V. Thompson___
                    CHAIRPERSON

                                    INDEX

|CASE ID                 |AR20040006152                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |2005/05/24                              |
|TYPE OF DISCHARGE       |HD                                      |
|DATE OF DISCHARGE       |2002/08/01                              |
|DISCHARGE AUTHORITY     |AR 600-8-24                             |
|DISCHARGE REASON        |FY02 ANGCRI                             |
|BOARD DECISION          |GRANT                                   |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.  1021 |110.0000                                |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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