IN THE CASE OF:
BOARD DATE: 14 January 2010
DOCKET NUMBER: AR20090013333
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 26 (Separation Code) of her DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period ending 12 June 2009 be changed from "KBK" to "KGM."
2. The applicant states that separation code "KBK" is for expiration of term of service and the correct code should be "KGM" for acceptance of an appointment.
3. The applicant provides a copy of her DD Form 214 for the period ending 12 June 2009 and reassignment orders in support of her application.
CONSIDERATION OF EVIDENCE:
1. Having prior inactive service in the U.S. Army Reserve (USAR), the applicant entered active duty on 7 November 2005 in an Active Guard Reserve status. She served as a human resources specialist and was honorably discharged from active duty in the USAR in the rank of sergeant first class on 12 June 2009 under the provisions of Army Regulation 635-200, chapter 4, for completion of required active service.
2. Item 25 (Separation Authority) of the applicant's DD Form 214 for the period ending 12 June 2009 shows the entry, "Army Regulation 635-20, Chapter 4." Item 26 of this DD Form 24 shows the entry "KBK." Item 28 (Narrative Reason for Separation) of this DD Form 214 shows the entry "completion of required active service."
3. On 13 June 2009, the applicant was appointed as a second lieutenant in the USAR, not on active duty.
4. 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 "KBK" is "completion of required active service" and the regulatory authority is Army Regulation 635-200, chapter 4.
5. The regulation states the reason for discharge based on separation code "KGM" is "accept commission or warrant in the Army" and the regulatory authority is Army Regulation 635-200, paragraph 16-1a (Soldiers may be discharged for the purpose of being ordered to active duty as a commissioned or warrant officer in any branch of the Armed Forces).
DISCUSSION AND CONCLUSIONS:
1. The evidence of record shows the applicant was honorably discharged from active duty in the USAR Active Guard Reserve Program on 12 June 2009 for completion of required active service as an enlisted Soldier. The following day she was reassigned in the USAR by reason of appointment as a commissioned officer, not on active duty.
2. The applicant's contention that her separation code should have been "KGM" for acceptance of an appointment was noted. However, since the applicant was not discharged for the purpose of being ordered to active duty as a commissioned officer, separation code "KGM" does not apply in her case.
3. The applicant's separation code was administratively correct and in conformance with applicable regulations at the time of her 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) AR20090013333
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ABCMR Record of Proceedings (cont) AR20090013333
2
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ARMY | BCMR | CY2010 | 20100022447
Army Regulation 601-210, paragraph 10-9c(2), states that an enlisted Soldier accepting an appointment as a commissioned officer or warrant officer is not subject to recoupment of any enlistment or reenlistment bonus, including lump sums. The DCSPER SPD-Pay Actions Table specifies that a Soldier who is discharged to accept an Army commission will be discharged under the provisions of Army Regulation 635200, paragraph 161a, the narrative reason for separation should be to "Accept a...
ARMY | BCMR | CY2008 | 20080010181
This memorandum indicated that after the applicant had returned from a 3-day rest and recreation from the CSC (113th Combat Stress Unit) he was verbally informed to report back to his section and continue to do his job. Although an honorable or general discharge is authorized, a discharge under other than honorable conditions is normally considered appropriate. Army Regulation 601-210 (Regular Army and Army Reserve Enlistment Program), provides, in pertinent part, that prior to discharge...
ARMY | BCMR | CY2011 | 20110005613
The DFAS Case Management System extract provided by the applicant shows: * applicant was separated from active duty to accept an active commission * the Chaplain Corps requires the Soldier to receive a Reserve Commission and attend the seminary * the SPD Code on his DD Form 214 does not allow payment of accrued leave * a request for waiver of his SPD code was initiated to allow officer payment for his 30 days leave 6. The applicant was discharged in accordance with Army Regulation 635-200...
ARMY | BCMR | CY2013 | 20130013108
The applicant requests: a. his reentry eligibility (RE) code be changed from "3" to "1;" and b. the Global War on Terrorism Service Medal (GWOTSM) be added to his DD Form 214 (Certificate of Release or Discharge from Active Duty). Army Regulation 635-5-1 (Separation Program Designator (SPD) Codes) provides that enlisted personnel who are discharged to accept a commission in the Army will be discharged under the provisions of Army Regulation 635-200 (Active Duty Enlisted Administrative...
ARMY | BCMR | CY2009 | 20090019645
His separation code (SPD) was recorded as JBK and he was assigned an RE Code of RE-3. SPD code KBK is the appropriate code for enlisted Soldier voluntarily discharged upon completion of their required active service who are eligible to reenlist or those with DCSS in force. 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.
ARMY | BCMR | CY2010 | 20100013341
The regulation states the reason for discharge based on SPD code "KBK" is "completion of required active service" and the regulatory authority is Army Regulation 635-200, chapter 4. This table states that RE code 3 will be assigned when a Soldier's record indicates (for current enlistment period) that he/she is ineligible for or otherwise denied immediate reenlistment; has a declination of continued service statement; has (not met) grade and service criteria in Army Regulation 601-210,...
ARMY | BCMR | CY2013 | 20130010698
The applicant provides * Memorandum from the MIARNG G-1 * Email exchange * Contested DD Form 214 * Active Duty for Training (ADT) orders * NGB Form 22 * Appointment orders * NGB Form 337 CONSIDERATION OF EVIDENCE: 1. The Separation Authority on the DD Form 214, block 25, was incorrect in that it stated he was returning to Active Duty (AD); however, the applicant was not serving in any active status. As a result, the Board recommends that all Department of the Army records of the individual...
ARMY | BCMR | CY2011 | 20110024385
His Enlisted Record Brief (ERB), dated 3 June 2009, does not show him flagged at the time. It states that the SPD code KBK is the appropriate code to assign to Soldiers voluntarily separated under the provisions of Army Regulation 635-200, by reason of completion of required active service. The applicant contends his DD Form 214 should be changed to show an SPD of KBK and an RE-1 based on his argument that he had completed his NJP and he was no longer flagged at the time of his discharge.
ARMY | BCMR | CY2014 | 20140013077
ARMY | BCMR | CY2010 | 20100025676