RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        23 August 2007
      DOCKET NUMBER:  AR20070001851


      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.

|     |Ms. Catherine C. Mitrano          |     |Director             |
|     |Ms. Loretta D. Gulley             |     |Analyst              |


      The following members, a quorum, were present:

|     |Mr. Lester Echols                 |     |Chairperson          |
|     |Mr. John T. Meixell               |     |Member               |
|     |Mr. Richard T. Dunbar             |     |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 his Separation Program Designator (SPD) be
corrected.

2.  The applicant requests, in effect, that his DD Form 214 (Certificate of
Release or discharge from Active Duty) be corrected by showing that he is
eligible for 180 days of TRICARE [a regionally managed health care program
for active duty and retired members of the uniformed services, their
families, and survivors].  The applicant also states that his DD Form 214
and his separation orders demonstrate his qualification for the requested
relief.

3.  The applicant provides copies of his DD Form 214 and Orders Number
110-0012, dated 20 April 2006 in support of his application.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error or injustice
which occurred on 21 July 2006.  The application submitted in this case is
dated
29 January 2007.

2.  The applicant’s records show that he enlisted in the Regular Army on 22
July 2003.  He completed basic combat training and advanced individual
training and was awarded military occupational specialty (MOS) 21B (Combat
Engineer).  The highest rank he attained while serving on active duty was
Specialist (SPC).

3.  On 21 July 2006, the applicant was honorably discharged after
completing a total of 3 years of active military service.  Item 18
(Remarks) of the applicant’s DD Form 214 shows that he served in Iraqi from
8 August 2004 through 28 July 2005.

4.  A review of the applicant's official record shows that he was
discharged under the provisions of chapter 4, Army Regulation 635-200
(Enlisted Personnel Separations), by reason of completion of required
service.  He was assigned an SPD code of "MBK."

5.  Army Regulation 635-5-1 (SPD Codes), then in effect, provided 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.  An SPD code of "MBK" applies to persons who are voluntarily separated
under the provisions of chapter 4, Army Regulation 635-200.

6.  Under the National Defense Authorization Act and the Emergency
Supplemental Appropriations Act for fiscal year 2004, TRICARE eligibility
for certain active duty members who are involuntarily separating from
active duty service and their family members was permanently extended under
the Department of Defense Transitional Assistance Management Program (TAMP)
from 60 or 120 days to 180 days.  A notation concerning this eligibility is
normally entered on the separation orders.

7.  Installation Management Agency, Headquarters, United States Army
Garrison, Fort Carson, Colorado, Orders Number 110-0012 ordered the
applicant's release from active duty on 21 July 2006.  There was no entry
concerning TRICARE eligibility or the Transitional Assistance Management
Program.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that his SPD code is incorrect and that he was
entitled to TRICARE coverage for 180 days after his separation from active
duty.

2.  The evidence of record shows that the SPD codes issued by the U.S. Army
at the time of a Soldier's separation are based upon the narrative reason
and regulatory authority for separation.  The evidence of record also shows
that SPD Code "MBK" is the correct SPD code assigned to an enlisted Soldier
voluntarily separated under Chapter 635-200, Chapter 4, by reason of
“completion of required active service.”  Therefore, the applicant is not
entitled to correction of his records to show a different SPD code.

3.  There is no evidence in the applicant’s record that shows he is
eligible for 180 days of TRICARE coverage under the National Defense
Authorization Act and the Emergency Supplemental Appropriations Act for
fiscal year 2004.  Therefore, he is not entitled to have his records
corrected to show this benefit.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

________  ________  ________  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

___LE ___  __JTM_    ___RTD _  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.





                                              Lester Echols_____
                                            CHAIRPERSON





                                    INDEX

|CASE ID                 |AR20070001851                           |
|SUFFIX                  |                                        |
|RECON                   |YYYYMMDD                                |
|DATE BOARDED            |2007/07/23                              |
|TYPE OF DISCHARGE       |(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)    |
|DATE OF DISCHARGE       |YYYYMMDD                                |
|DISCHARGE AUTHORITY     |AR . . . . .                            |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |DENY                                    |
|REVIEW AUTHORITY        |Ms. Mitrano                             |
|ISSUES         1.       |                                        |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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