IN THE CASE OF:
BOARD DATE: 5 May 2009
DOCKET NUMBER: AR20090005995
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 that item 28 (Narrative Reason for Separation) on his DD Form 214 (Certificate of Release or Discharge from Active Duty) be changed from "Enter Officer Training Program" to "Attend School and Enter Officer Training Program (ROTC)" [Reserve Officers Training Corps].
2. The applicant states that the narrative reason for separation does not clearly explain that he is in school and it is preventing him from receiving unemployment benefits that he earned by paying taxes to his state and the Federal Government.
3. The applicant provides a copy of his DD Form 214 in support of his application.
CONSIDERATION OF EVIDENCE:
1. The applicant enlisted in the Regular Army on 6 April 2006 and trained as a patriot fire control operator.
2. On 20 December 2008. the applicant was honorably discharged from the Regular Army under the provisions of Army Regulation 635-200 (Personnel Separations), paragraph 16-2, to enter an officer training program. He enlisted in the Army National Guard effective 21 December 2008 for a period of 5 years and 3 months.
3. Apparently, the applicant is currently participating in the ROTC program.
4. Item 25 (Separation Authority) on the applicant's DD Form 214 shows the entry "AR [Army Regulation] 635-200, PARA [paragraph] 16-2." Item
26 (Separation Code) on his DD Form 214 shows the entry "KGX." Item 28 on his DD Form 214 shows the entry "ENTER OFFICER TRAINING PROGRAM."
5. Army Regulation 635-200 (Personnel Separations) sets forth the basic authority for the separation of enlisted personnel. Chapter 16 covers discharges caused by changes in service obligations. Paragraph 16-2 applies to discharge for acceptance into a program leading to a commission or a warrant officer appointment. Soldiers may be discharged for the purpose entering a program leading to a commission or a warrant officer appointment in any branch of the Armed Forces, which includes ROTC, Officer Candidate School, or other officer accession programs of the U.S. Navy and U.S. Air Force that require enlistment in those branches of the Armed Forces.
6. Army Regulation 635-5-1 (Separation Program Designator Codes) prescribes the specific authorities (regulatory, statutory, or other directives), the reasons for the separation of members from active military service, and the separation program designators to be used for these stated reasons. The regulation states the reason for discharge based on separation code "KGX" is "Enter Officer Training Program" and the regulatory authority is Army Regulation 635-200, paragraph 16-2.
DISCUSSION AND CONCLUSIONS:
The applicants contention was noted. However, his narrative reason for separation was administratively correct and in conformance with applicable regulations at the time of his separation.
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) AR20090005995
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ABCMR Record of Proceedings (cont) AR20090005995
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