IN THE CASE OF:	  

		BOARD DATE:	  
		DOCKET NUMBER:  AR20070011511 


THE BOARD CONSIDERED THE FOLLOWING EVIDENCE:

1.  Application for correction of military records (with supporting documents provided, if any).

2.  Military Personnel Records and advisory opinions (if any).


THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:

1.  The applicant requests, in effect, that only the reason for his discharge shown on his DD Form 214, Certificate of Release or Discharge from Active Duty, be changed.

2.  The applicant states, in effect, that the reason his discharge should be changed is because he should have been placed in the Retired Reserve after his AGR tour ended in 2003.  He had 15 years of active duty in 2003.  He elected to end his tour in the AGR program because the unit had problems completing his reenlistment for the last five years.  Upon out processing at Fort Monmouth, New Jersey, he received a DD Form 214 and it only says, "Member has completed first full term of service."  This is not true.  The applicant states he had completed 9 years in the Army Reserve, 10 years Regular Army service, and 5 years in the AGR.  The key point is that in December 1998, he received a 20-year letter from the Army Reserve stating he had completed 20 years of service and he was entitled to Retired pay at age 60.  When he was released from Fort Monmouth in 2003, he states he should have been transferred to the Retired Reserve in St. Louis, Missouri, instead of being discharged.

3.  In support of his Request, the applicant provides a copy of his DD Forms 214 with effective dates of separation of 6 May 2003, 29 October 1990, and 15 April 1984; a copy of a Memorandum, Subject:  Notification of Eligibility for Retired Pay at Age 60 (Twenty Year Letter); and a copy of ARPC-PSP-E550 Orders 
C-04-390524, published by the US Army Reserve Personnel Command, St. Louis, dated 11 April 2003.

CONSIDERATION OF EVIDENCE:

1.  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 also allows the Army Board for Correction of Military Records (ABCMR) to excuse an applicant’s failure to timely file within the 3-year statute of limitations if the ABCMR determines it would be in the interest of justice to do so.  While it appears the applicant did not file within the time frame provided in the statute of limitations, the ABCMR has elected to conduct a substantive review of this case and, only to the extent relief, if any, is granted, has determined it is in the interest of justice to excuse the applicant’s failure to timely file.  In all other respects, there are insufficient bases to waive the statute of limitations for timely filing.

2.  The applicant previously submitted a similar-issued request to the Board.  In that application, he requested that his discharge be voided and that he be transferred to the Retired Reserve.  That case was denied by the Board in Docket Number AR20060002869 which was considered on 31 October 2006.  The applicant's present request provides a new request and similar argument and therefore, his request must be considered by the Board.

3.  The evidence shows that the applicant entered active duty in the AGR (Active Guard Reserve), on 1 November 1998, with prior military service in the Army Reserve Delayed Entry Program, the Regular Army, and in the US Army Reserve. The evidence shows he was honorably released from active duty at the completion of required active duty, on 6 May 2003, in the rank and pay grade, Staff Sergeant, 
E-6, in accordance with Army Regulation 635-200, Chapter 4.

4.  Item 6 (Reserve Obligation Termination Date), of the applicant’s DD Form 214, shows the entry, "//Year 0000/Month 00/Day 00//."

5.  Item 9 (Command to Which Transferred), of the applicant's DD Form 214, shows the entry, "NA."

6.  Item 18 (Remarks), of the applicant’s DD Form 214, shows the entry, //"Member has completed first full term of service"//.

7.  Item 23 (Type of Separation), of the applicant’s DD Form 214, shows the entry, "Discharge."  Item 25 (Separation Authority), of the applicant’s DD Form 214, shows the entry, "AR 635-200, Chap 4."  Item 26 (Separation Code), of the 

applicant’s DD Form 214, shows the entry, "KBK."  Item 28 (Narrative Reason for Separation), of the applicant’s DD Form 214, show the entry, "Completion of Required Active Service."

8.  A DD Form 4, Enlistment/Reenlistment Document, on file in the applicant's service record shows he last enlisted in the Army Reserve on 8 November 1990 for a period of six years.  The applicant's new expiration term of service (ETS) date was established for 7 November 1998.  The evidence of record shows that on 28 September 1998, the applicant extended his enlistment for a period of 3 years. His new ETS was established as 6 November 2002.  The evidence further shows that he again extended his enlistment contract for a period of six months and his new ETS was then established for 6 May 2003.

9.  The applicant's service records contain a copy of ARPC-PSP-E550 Orders
D-04-390073 which were prepared by the US Army Reserve Personnel Command, St. Louis, on 11 April 2003.  These orders state the applicant was "discharged" from the component shown – the "United States Army Reserve/Active Guard Reserve."  A review of these orders does not indicate the applicant was "released from active duty" and transferred to the Retired Reserve on his separation from the AGR Program.

10.  On 30 December 1998, the US Army Reserve Personnel Command, St. Louis, notified the applicant he had completed the required years of service and he was eligible for retired pay on application at age 60 in accordance with Title 10, US Code, Chapter 1223.

11.  An ARPC Form 249-2-E, Chronological Statement of Retirement Points, dated 28 November 2007, on file in the applicant's service records shows he completed 24 years, 10 months, and 21 days qualifying service for retirement as of the date of his discharge, 6 May 2003.

12.  A review of the applicant's TAPDB (Total Army Personnel Data Base) record shows, in the Retention/Readiness section that the applicant's ETS was 6 May 2003.  There is no indication the applicant submitted an application to reenlist and to continue his service with the Reserve.  There is no indication in the applicant's service record that he requested to be transferred to the Retired Reserve at the expiration of his AGR and US Army Reserve service contracts.  This same record, in the Service Data section, shows that the applicant's MRD (Mandatory Release Date) is 30 April 2018, the date the applicant will reach 60 years of age.

13.  Army Regulation 635-5 provides guidance and policy for those entries that must be made in Item 18, of the DD Form 214.  Paragraph 2-4.h.(18)(b) requires that the entry, "Soldier (has) (has not) completed first full term of service" be made in Item 18.  This information assists the State in determining eligibility for unemployment compensation entitlement.  

14.  The following guidance is also provided in the above regulation to assist in determining which entry to use:  (a) Routinely, a Soldier should not be considered to have completed the first full term of active service if separation occurs before the end of  the initial contracted period of service.  However, if a Soldier reenlists before the completion of that period of service, the first term of service is effectively redefined by virtue of the reenlistment contract.  (b) To determine if an enlisted Soldier has completed the first full term of enlistment, refer to the enlistment/reenlistment documents and compare the term(s) of enlistment to the net service in block 12c of the DD Form 214.  If Soldier has completed or exceeded the initial enlistment, enter "has."  If item 12c of the DD Form 214 is less than the Soldier's initial enlistment, enter "has not."  (c) To determine if an officer has completed their commitment, refer to the initial active duty order as appropriate, for the number of months the officer is ordered to active duty.  Compare the service obligation to the net service in block 12c of the DD Form 214. If an officer has met or exceeded the obligation, enter "has."  If item 12c of the DD Form 214 is less than the Soldier's commitment, enter "has not."  (d) Exception:  If the narrative reason for separation on the DD Form 214 is "completion of required active service," then, enter "has." 

15.  The referenced regulation also states, in pertinent part that item 28 Narrative Reason for Separation, of the DD Form 214, will be completed for Soldiers on their separation date.  This entry is based on regulatory or other authority and can be checked against the cross reference in AR 635-5-1 for Soldiers ordered to ADT, AGR, TTAD, FTNGD, or ADSW on self-terminating orders.

DISCUSSION AND CONCLUSIONS:

1.  The evidence shows that the applicant completed his contractually obligated service in the Army Reserve and in the Active Guard Reserve on 6 May 2003.  Since the applicant no longer had an obligation either to the Reserve or to the AGR Program, he was discharged.  There is no evidence, and the applicant provided none, to show he requested transfer to the Retired Reserve at that time.

2.  The applicant was discharged under the provisions of Army Regulation 
635-200, Chapter 4, at the completion of his required service.  This authority is entered on the DD Form 214 for Enlisted Soldiers who are separated from active duty at the completion of their obligated service.
3.  The separation code which was entered on the applicant's DD Form 214, "KBK" translates to "Completion of Required Active Service."

4.  The three data items of "Separation Authority," "Separation Code," and "Narrative Reason for Separation" are co-related items and are specified in Army Regulation 635-5-1, and cannot be separated from one another.

5.  Army Regulation 635-5 requires that the entry, "Soldier (has) (has not) completed first full term of service" be made in Item 18, of the DD Form 214.  This information assists the State in determining eligibility for unemployment compensation entitlement.  This entry does not mean that the applicant has served only one term of service or a limited number of years service as the applicant may understand.

6.  Based on the evidence in this case, the applicant is not entitled to a change to the narrative reason for separation shown on his DD Form 214.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

___x____  ____x___  ___x____  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.



      _________x____________
               CHAIRPERSON
      
I certify that herein is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in this case.
ABCMR Record of Proceedings (cont)                                         AR20070011511



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ABCMR Record of Proceedings (cont)                                         AR20070011511



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