RECORD OF PROCEEDINGS


	IN THE CASE OF:	  


	BOARD DATE:	  8 February 2007
	DOCKET NUMBER:  AR20060009676 


	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.


x

	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 his narrative reason for separation be changed.

2.  The applicant states that he requested transfer to the Retired Reserve.  His DD Form 214 (Certificate of Release or Discharge from Active Duty) reflects “Completion of Required Active Service” in Block 28 (Narrative Reason for Separation) and Block 25 (Separation Authority) shows he was separated under the provisions of Army Regulation 635-200, chapter 4. 

3.  The applicant provides a copy of his DD Form 214.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error which occurred on 30 September 2001.  The application submitted in this case is dated 28 June 2006.

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 limitations 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.  The applicant was born on 12 December 1951.  After having had prior service in the Army National Guard, he enlisted in the U.S. Army Reserve (USAR) on 8 June 1984.  He reenlisted in the USAR on 20 March 1987.  He was ordered to active duty in an Active Guard Reserve (AGR) status on 5 March 1989.  He reenlisted in the USAR on 28 December 1992.  He was promoted to sergeant first class on 1 September 1996.

4.  On 1 October 1998, the applicant reenlisted in the USAR for 3 years.  He was ordered to active duty in an AGR status for 5 years (later amended to 3 years).  

5.  The applicant's notification of eligibility for retired pay at age 60 (20-Year Letter) is dated 21 March 2001.  

6.  The applicant was released from active duty on 30 September 2001 under the provisions of Army Regulation 635-200, chapter 4 at the completion of his required active service.  
7.  Block 9 (Command to Which Transferred) on his DD Form 214 shows he was transferred to the USAR Control Group (Retired).

8.  Block 26 (Separation Code) on his DD Form 214 shows a Separation Program Designator (SPD) code of "MBK" (Completion of Required Active Service).  

9.  Block 28 on his DD Form 214 shows the narrative reason as “Completion of Required Active Service.”

10.  The applicant’s Chronological Statement of Retirement Points and the Soldier Management System indicate he was discharged on 30 September 2001.

11.  Army Regulation 635-5-1 (SPD Codes) prescribes the specific authorities (regulatory, statutory, or other directives), the reasons for the separation of members from active military service, and the SPD codes to be used for these stated reasons.  The regulation, in effect at the time, shows that the SPD code “MBK” as shown on the applicant’s DD Form 214 specifies the narrative reason for separation as voluntary release or transfer for “Completion of Required Active Service” and that the authority for separation under this separation program designator is “AR 635-200, Chapter 4”.  

12.  Army Regulation 140-10 covers policy and procedures for assigning and transferring USAR Soldiers.  In pertinent part, it states that assignment to the Retired Reserve is authorized in a number of circumstances but an eligible Soldier must request transfer.

DISCUSSION AND CONCLUSIONS:

1.  Orders show the applicant was ordered to active duty in an AGR status on 1 October 1998 for 3 years.  He also reenlisted in the USAR on 1 October 1998 for 3 years. 

2.  The applicant was released from active duty on 30 September 2001 upon the completion of his AGR tour, which also happened to coincide with his expiration of term of service.  His DD Form 214 for the period ending 30 September 2001 correctly shows he was separated under the provisions of Army Regulation 
635-200, chapter 4 by reason of completion of required active service.

3.  The applicant contends he requested transfer to the Retired Reserve, and his DD Form 214 for the period ending 30 September 2001 reflects that he was transferred to the USAR Control Group (Retired) in item 9.  However, his Chronological Statement of Retirement Points and the Soldier Management System indicate he was discharged, not transferred to the Retired Reserve.

4.  There is no basis for changing the applicant’s narrative reason for separation; however, the applicant will not be eligible for retired pay for another 4 years or so.  It would in the Government’s interest to transfer him to the Retired Reserve where he could be a mobilization asset for a reasonable length of time to come.

5.  Records show the applicant should have discovered the alleged error or injustice now under consideration on 30 September 2001; therefore, the time for the applicant to file a request for correction of any error or injustice expired on 29 September 2004.  The applicant did not file within the 3-year statute of limitations; however, based on the available evidence, it would be in the interest of justice to excuse failure to timely file in this case.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

x______  x______  x_____  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that the evidence presented was sufficient to warrant a recommendation for partial relief and to excuse failure to timely file.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by showing he was transferred to the Retired Reserve effective 1 October 2001.

2.  The Board further determined that the evidence presented is insufficient to warrant a portion of the requested relief.  As a result, the Board recommends denial of so much of the application that pertains to changing his narrative reason for separation on his DD Form 214.  




x______
          CHAIRPERSON


INDEX

CASE ID
AR20060009676
SUFFIX

RECON
YYYYMMDD
DATE BOARDED
20070208
TYPE OF DISCHARGE
(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)
DATE OF DISCHARGE
YYYYMMDD
DISCHARGE AUTHORITY
AR . . . . .  
DISCHARGE REASON

BOARD DECISION
GRANT PARTIAL
REVIEW AUTHORITY
Mr. Chun
ISSUES         1.
110.0000
2.

3.

4.

5.

6.