IN THE CASE OF:
BOARD DATE: 22 June 2010
DOCKET NUMBER: AR20090019528
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 correction of block 26 (Separation Code) of his DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period ending 13 March 1992 from "JCC" to "MCB."
2. The applicant states he discovered that disability funds received from the Department of Veterans Affairs (VA) would be offset by the amount he had received as special separation benefit (SSB) payments.
3. The applicant provides copies of his discharge orders, DD Form 214, and his 18 September 2009 VA rating decision showing that he is rated at a combined
20 percent disability percentage and entitled to a disability benefit of $243.00 per month but will receive only $220.51 until his separation pay has been recouped.
CONSIDERATION OF EVIDENCE:
1. The applicant was a Regular Army career noncommissioned officer with a total of 11 years, 4 months, and 8 days of net active service this period and
2 years of prior active service.
2. On 15 January 1992 he requested early release from active duty under the SSB program. His request was approved and on 13 March 1992, he was honorably discharged under the provisions of Army Regulation 635-200 (Personnel Separations - Enlisted Personnel), paragraph 16-8, by reason of the FY [Fiscal Year] 92 Enlisted Voluntary Early Transition Program. Item 6 (Reserve Obligation Termination Date) of his DD Form 214 shows he did not have a continuing Reserve obligation.
3. His DD Form 214 shows he was entitled to $36,229.49 in SSB payments. He was also assigned a separation code of JCC.
4. Army Regulation 635-200 (Personnel Separations - Enlisted Personnel), paragraph 16-8, in effect at the time, provided for early separation due to reduction in force, strength limitations, or budgetary constraints. Both voluntary and involuntary separations were authorized.
5. The National Defense Authorization Act (NDAA) of FY 92 established two monetary incentive programs to assist in maximizing voluntary separation during the drawdown period of military forces. One incentive was called the SSB which paid a separation pay equal to 15 percent of the Soldier's years of active service and 12 times the monthly basic pay to which the Soldier is entitled at the time of his/her discharge or release from active duty.
6. Army Regulation 635-5-1 (Separation Program Designator (SPD) Codes), in effect at the time, sets forth the SPD Codes, narrative reason for separation, and the regulatory authority for various categories of separations. It specified that for Army Regulation 635-200, paragraph 16-7 (revised to paragraph 16-8) the following SPD would be used as indicated:
* JCC for involuntary discharge by reason of reduction in force
* KCB for voluntary discharge by reason of early release program - SSB
* MCB for voluntary release from active duty or transfer by reason of the early release program - SSB
7. U.S. Code, Title 38, provides the rules, regulations, and practices for the VA. It provides for recoupment or offset for almost all military separation or retirement benefit payments.
DISCUSSION AND CONCLUSIONS:
1. The applicant requests his SPD be changed from "JCC" to "MCB" because there is an offset of VA benefits for the SSB.
2. Records show that he voluntarily requested early separation under the SSB program. His request was approved and he was subsequently discharged by reason of the "FY92 Enlisted Voluntary Early Transition Program."
3. Army Regulation 635-5-1 indicates that SPD "KCB" is the appropriate code for his voluntary discharge.
4. Notwithstanding the applicant's request to change his SPD to "MCB," evidence of record clearly shows he voluntarily requested discharge under the SSB program. Therefore, as a matter of equity, it would be appropriate to change his SPD to "KCB."
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. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by deleting from item 26 of his DD Form 214 for the period ending 13 March 1992 the entry "JCC" and replacing it with the entry "KCB."
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 RE code to MCB.
______________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) AR20090019528
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ABCMR Record of Proceedings (cont) AR20090019528
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