RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:         3 August 2006
      DOCKET NUMBER:  AR20050017828


      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 K. Patterson         |     |Chairperson          |
|     |Mr. Michael J. Flynn              |     |Member               |
|     |Mr. Gerald J. Purcell             |     |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 25 (Separation Authority),
Item 26 (Separation Code), and Item 28 (Narrative Reason for Separation) of
his separation document (DD Form 214) be changed.

2.  The applicant states, in effect, that he completed his 3-year tour of
active duty and declined to accept a voluntary indefinite (VI) status
appointment offered as a result of VI board results.  He claims he was
released from active duty (REFRAD) at the end of his 3-year tour and
transferred to the New Jersey Army National Guard (NJARNG) Active Guard
Reserve (AGR) program.  He claims he was promoted to captain on 2 August
2002, and was never offered regular appointment.  He states that he is
still a Reserve officer, and was never considered by a Regular Army (RA)
board, nor was he offered a RA appointment.  He states that a more
appropriate separation program designator (SPD) code would be MBK,
completion of required service.

3.  The applicant provides a declination of VI and inter-service transfer
request in support of his application.

CONSIDERATION OF EVIDENCE:

1.  The applicant was appointed a second lieutenant in the Medical Service
(MS) Corps of the United States Army Reserve (USAR) on 13 July 1998.

2.  On 18 January 2001, the applicant entered active duty as a USAR
officer.

3.  On 5 May 2004, the applicant declined extension of active duty in a
Voluntary Indefinite (VI) status, and indicated that he did not accept VI
status, and on
13 May 2004, he requested an interservice transfer to the AGR program.

4.  On 17 June 2004, the applicant was REFRAD after completing 3 years and
5 months of active military service as a commissioned officer.  At the time
of his REFRAD, he held the rank of captain.  The DD Form 214 he was issued
at the time shows he was separated under the provisions of paragraph 2-21,
Army Regulation 600-8-24 in Item 25, and Item 28 shows that the narrative
reason for his separation was failure to accept regular appointment.  Based
on the authority and reason for his separation from active duty, he was
assigned a SPD code of LFH, as indicated in Item 26 of the DD Form 214.
The applicant authenticated the DD Form 214 with his signature in Item 21
(Signature of Member Being Separated).

5.  Army Regulation 600-8-24 (Officer Transfers and Discharges) prescribes
the officer transfers from active duty to the Reserve Component (RC) and
discharge functions for all officers on active duty for 30 days or more.
Paragraph 2-21 of the regulation in effect at the time of the applicant's
separation provided the policy for the REFRAD of officer who declined
Regular Army (RA) integration.  It stated, in pertinent part, that officers
who declined integration into the RA would be released not later than 90
days after the declination statement is signed.

6.  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 LFH will be assigned to officers who
were separated for failure to accept RA appointment.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's contention that Items 25, 26, and 28 of his DD Form 214
should be changed, and the supporting documents he submitted were carefully
considered.  However, there is insufficient evidence to support his claim.


2.  The evidence of record confirms the applicant declined VI status, and
that he was separated within 90 days in accordance with the provisions of
the applicable regulation in effect at the time.  Further, the applicant
authenticated his DD Form 214 with his signature on the date of REFRAD.  In
effect, his signature was his verification that the information contained
on the separation document, to include the Items 25, 26 and 28 entries, was
correct at the time the document was prepared and issued.  Absent any
evidence that these entries have, or will result in an injustice to the
applicant, there is an insufficient evidentiary basis to change them at
this time.

3.  In order to justify correction of a military record the applicant must
show to the satisfaction of the Board, or it must otherwise satisfactorily
appear, that the record is in error or unjust.  The applicant has failed to
submit evidence that would satisfy this requirement.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

________  ________  ________  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

___MKP _  __MJF __  __GJP __  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.




                                  _____Margaret K. Patterson___
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20050017828                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |2006/08/03                              |
|TYPE OF DISCHARGE       |HD                                      |
|DATE OF DISCHARGE       |2004/06/17                              |
|DISCHARGE AUTHORITY     |AR 600-8-24                             |
|DISCHARGE REASON        |Failure to accept RA integration        |
|BOARD DECISION          |DENY                                    |
|REVIEW AUTHORITY        |Mr. Chun                                |
|ISSUES         1.  1021 |100.0000                                |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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