IN THE CASE OF:	  

		BOARD DATE:	  23 September 2010

		DOCKET NUMBER:  AR20100007488 


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 the separation program designator (SPD) code "LFF" shown on his DD Form 214 (Certificate of Release or Discharge from Active Duty) issued upon his release from active duty (REFRAD) on 28 May 1991.

2.  The applicant states he was REFRAD in 1991 after serving in the 1776th Military Police Company [a Michigan Army National Guard (ARNG) unit].  He had honorable service – no psychological, physical, or discipline problems – and he believes the SPD code was entered in error.  He states the code needs to be changed to reflect good service during Operations Desert Shield and Desert Storm.  He posits that the code may indicate his unit came back early or may have been a typographical error by a clerk.  He recently applied for an Active Guard Reserve (AGR) position and was turned down because of the code.  He has 21 years of good service in both Federal and ARNG units.  He has been promoted to major and has served twice in Operation Enduring Freedom.  He has been a platoon leader, executive officer, commander, brigade staff officer, member of a military training team and embedded training team, and a teacher.  He is seeking further work and would provide valuable contributions to the current war effort.  He is literate in counterinsurgency doctrine and able to teach, mentor, guide, and observe in this area.  He can get 1-year active duty tours, but he cannot get an AGR position.

3.  The applicant provides a copy of his DD Form 214 issued on 28 May 1991 and a set of records he submitted for consideration for AGR employment.

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 enlisted in the Regular Army on 23 June 1987.  He was honorably REFRAD on 23 June 1989 after completing 2 years of active service.  He later enlisted in the ARNG and continued his service as a noncommissioned and commissioned officer through the date of his application.

3.  A DD Form 214 shows the applicant was ordered to active duty in support of Operations Desert Shield and Desert Storm during the period 7 January 1991 to 28 May 1991.  This is the only document in his record pertaining to this period of service.

4.  The DD Form 214 shows the following:

* item 18 (Remarks) - Individual completed period for which ordered to active duty for purpose of post-service benefits and entitlements
* item 23 (Type of Separation) - Release from active duty in accordance with Army Regulation 635-200 (Personnel Separations - Enlisted Personnel)
* item 24 (Character of Service) - Honorable
* item 25 (Separation Authority) - Paragraph 5-3
* item 26 (Separation Code) - LFF
* item 27 (Reentry Code) - Not Applicable
* item 28 (Narrative Reason for Separation) - Directed by Service Secretary

5.  Army Regulation 635-200, paragraph 5-3, in effect at the time, stated that the separation of Soldiers for the convenience of the government was the prerogative of the Secretary of the Army.  The separation of any Soldier under this authority was based on a Secretary of the Army determination that separation was in the best interests of the Army.

6.  Chapter 4 of Army Regulation 635-200 provided authority for separation for the expiration of a service obligation and stated Soldiers of the ARNG ordered to active duty for a period in excess of 90 days would, upon release from active duty, revert to the control of the appropriate Reserve Component.

7.  Army Regulation 635-5-1 (SPD Codes) prescribes the specific authorities (statutory or other directives), reasons for separating Soldiers from active duty, and the SPD codes to be entered on the DD Form 214.  The version of the regulation in effect at the time listed every SPD code applicable to enlisted personnel in an appended table.  This table shows that Soldiers involuntarily released from active duty under the authority of Army Regulation 635-200, paragraph 5-3 were to be assigned SPD code "LFF."

8.  Army Regulation 635-5-1 at the time did not provide an SPD code applicable to members of the Reserve Components being voluntarily or involuntarily REFRAD upon completion of a period of active duty.  A revision of the regulation published in 1993 provided that Soldiers being voluntarily REFRAD for the completion of required active service under the provisions of Army Regulation 635-200, chapter 4, would be assigned SPD code "MBK."

9.  Army Regulation 635-5 (Separation Documents) stated that Reserve Component personnel being separated for other than cause would not be assigned a reentry code.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's request for correction of his SPD code is not supported by the evidence.

2.  The applicant indicates he has been denied an AGR position based on his SPD code.  SPD codes are used to provide statistical accounting of the reasons for which active Army personnel are separated.  Taken alone, they are neither positive nor negative.  Accordingly, it would be poor policy to deny employment solely based on an SPD code that was correct at the time it was given.  The fact that he completed the period for which he was ordered to active duty and received an honorable discharge should by far outweigh an SPD code.

3.  At the time of the applicant's REFRAD, the governing regulations did not provide an SPD code for REFRAD of mobilized members of the Reserve Components.  It appears that paragraph 5-3 of Army Regulation 635-200 may have been used as a "catch all" authority to fit the applicant into an SPD code category.  "LFF" is the corresponding SPD code for this type of separation.  The applicant's concern is understandable; however, in the absence of documentation such as mobilization and/or demobilization orders, it is not possible to determine with certainty whether the applicant's DD Form 214 reflects an incorrect separation authority or SPD code.

4.  In view of the foregoing, there is no basis for granting the requested relief.

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)                                         AR20100007488



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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


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ABCMR Record of Proceedings (cont)