RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        3 February 2005
      DOCKET NUMBER:  AR2004105762


      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. Robert J. McGowan             |     |Analyst              |


      The following members, a quorum, were present:

|     |Mr. Melvin H. Meyer               |     |Chairperson          |
|     |Ms. Linda M. Barker               |     |Member               |
|     |Mr. Larry J. Olson                |     |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 that her DD Form 214 (Certificate of Release or
Discharge From Active Duty) for the period 29 October 1984 to 4 January
1993 be corrected by changing her separation code (SPD code) in Item 26
from "LFF" to "MBK" and her narrative reason for separation in Item 28 from
"Directed by the Secretary of the Army" to "Expiration Term of Service."

2.  The applicant states that her separation code and narrative reason for
separation were established based upon her contribution to the "GI Bill."
She adds that she never used the GI Bill.  She further adds that she
"retired" from the Army National Guard on 30 June 2004.

3.  The applicant provides;

      a.  A DD Form 214 "Work Sheet Draft" showing her SPD code as "MBK"
and her narrative reason for separation as "Expiration Term of Service."
This document is unsigned in Item 21 (Signature of Member Being Separated)
and in Item 22 (Official Authorized to Sign).

      b.  A copy of her official DD Form 214.

CONSIDERATION OF EVIDENCE:

1.  The applicant served on active duty in the Active Guard Reserve (AGR)
program as a warrant officer from 29 October 1984 to 4 January 1993.  Upon
her release from active duty, she was transferred to the US Army Reserve
Control Group (Reinforcement).

2.  The subject DD Form 214 shows her SPD code as "LLF" and her narrative
reason for separation as "Directed by the Secretary of the Army."  It lists
the separation authority as "AR (Army Regulation) 635-100, Chapter 3,
Section XXX."  It also shows that she received separation pay of
$26,713.93.

3.  Upon her release from active duty, she was a member of a troop program
unit in the US Army Reserve (USAR) until November 1996 when she transferred
to the USAR Individual Ready Reserve (IRR).

4.  AR 635-5-1 (Separation Program Designator Codes) lists the SPD codes
and reasons for separation of officers and enlisted Soldiers.  An SPD code
of "LLF" refers to the involuntary release of an officer or warrant officer
from active duty as a result of "Secretarial Authority."  It references as
separation authority AR 635-100, paragraph 3-49m.

5.  AR 635-100 (Officer Personnel), then in effect, provided the authority
for the separation of commissioned and warrant officers from the Active
Army.  Chapter 3 dealt with the release of non-regular commissioned and
warrant officers.  It contained only XXVII sections.  Paragraph 3-49m
states: "An officer who is found guilty, or action is taken which is
tantamount to a finding of guilty, by any Federal or State court may be
released by the Secretary of the Army from active duty immediately" when
the offense is punishable under the Uniform Code of Military Justice by
death or confinement for 1 year or more; or involves moral turpitude,
regardless of the sentence received or maximum punishment permissible.

6.  Title 10 U.S.C. § 1174 addresses the issue of separation pay for
regular and non-regular Soldiers.  Separation pay is a contingency payment
for Soldiers who are career committed, but for whom a full military career
may be denied.  It is authorized for Soldiers otherwise fully qualified for
retention, but involuntarily [emphasis added] separated through denial of
reenlistment [for enlisted Soldiers] or continuation on active duty [for
officers and warrant officers].

DISCUSSION AND CONCLUSIONS:

1.  The applicant's SPD code and narrative reason for separation have
nothing to do with the GI Bill or her use of benefits.

2.  The applicant's DD Form 214 indicates that she was involuntarily
released from active duty as an AGR warrant officer.  Her release was
related to an unidentified Federal or State criminal offense.  Her SPD code
identifies this as the reason for her release.  The separation authority
cited on her DD Form 214 in Item 25 does not exist, but the SPD code
references AR 635-100, paragraph 3-49m (involuntary release).

3.  The fact that the applicant received separation pay of $26,713.93 also
validates her involuntary release from active duty.

4.  The applicant has provided no evidence to show that her DD Form 214 is,
in any way, incorrect as to her SPD code or narrative reason for
separation.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

________  ________  ________  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

__mhm___  __lmb___  __ljo___  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The evidence presented does not demonstrate the existence of a probable
error or injustice.  Therefore, the Board determined that the overall
merits of this case are insufficient as a basis for correction of the
records of the individual concerned.




                                        Melvin H. Meyer
                                  ______________________
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR2004105762                            |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20050203                                |
|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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