IN THE CASE OF:	  

		BOARD DATE:	  14 July 2011

		DOCKET NUMBER:  AR20100025676 


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 DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period ending 22 April 2010 to show in:

	a.  item 23 (Type of Separation) the entry "Retirement" instead of "Release from Active Duty";

	b.  item 25 (Separation Authority) the entry AR (Army Regulation) 601-10 (Management and Recall to Active Duty of Retired Soldiers of the Army in Support of Mobilization and Peacetime Operations) instead of AR 600-8-24 (Officer Transfers or Discharges), paragraph 2-7; and

	c.  item 26 (Separation Code) the entry "VBK" instead of "MBK."

2.  The applicant states he retired on 1 April 2005.  He was recalled to active duty on 22 November 2009 as a retiree recall and he served through 22 April 2010.  His retiree recall DD Form 214 contains administrative errors.

3.  The applicant provides:

* His DD Form 214 for the period ending on 22 April 2010
* Orders 021-0001 (2005 retirement orders)
* Orders M-11-905842 (2009 recall to active duty)
* Orders 106-2207 (2010 release from active duty)  


CONSIDERATION OF EVIDENCE:

1.  Having had prior service, the applicant was appointed as a U.S. Army Reserve (USAR) commissioned officer in the rank of second lieutenant and he executed an oath of office on 16 November 1982. 

2.  He entered active duty as a Regular Army (RA) commissioned officer on
21 June 1985 and he served in a variety of stateside or overseas assignments.  He was honorably discharged from active duty in the rank of captain (CPT) on
1 June 1995.

3.  He was appointed as a USAR officer in the rank of CPT and he executed an oath of office on 2 June 1995.  He completed various tours of active duty and he attained the rank of lieutenant colonel (LTC) on 3 January 2003.

4.  He was retired from active duty on 30 April 2005 by reason of sufficient service for retirement and he was placed on the retired list in his retired rank of LTC on 1 May 2005.  He was credited with 20 years, 6 months, and 14 days of creditable active service.

5.  The DD Form 214 he was issued for this period of service shows in:

* item 23 the entry "Retirement"
* item 25 the entry "RBD"
* item 26 the entry "AR 600-8-24, Paragraph 6-14c(1)"

6.  On 22 November 2009, he was ordered to active duty in a retired status in support of Operation Enduring Freedom.  He served in Afghanistan from 16 December 2009 to 28 March 2010.

7.  Orders 106-2207, issued by Headquarters, U.S. Army Maneuver Center of Excellence, Fort Benning, GA, dated 16 April 2010, released the applicant from active duty, effective 22 April 2010, and following the date of release, reverted him to his retired status.

8.  He was honorably released from active duty (REFRAD) on 22 April 2010.  His DD Form 214 for this period of service shows in:

* item 9 (Command to Which Transferred) the entry "USAR Control Group (Retired Reserve), 1 Reserve way, St. Louis, MO 63132" 
* item 23 the entry "Release from Active Duty"
* 
item 25 the entry "MBK"
* item 26 the entry "AR 600-8-24, Paragraph 2-7"

9.  Subsequent to his release from active duty, by an undated memorandum, the Contingency Operations Chief, Headquarters, U.S. Army Infantry Center, Fort Benning, requested a DD Form 215 (Correction to DD Form 214) be issued to correct the applicant's DD Form 214 for the period ending 22 April 2010 as follows:

* item 9 to read "USAR Control Group (AUSRET (Army of the United States - Retired" 1 Reserve Way, St. Louis, MO 63132-5200"
* item 26 to read "VBK1"

10.  AR 635-5 (Separation Documents) prescribes the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army.  It states for:

* item 23, enter the type of separation
* item 25, enter the separation authority obtained from the regulatory directive authorizing the separation
* item 26, enter the separation code obtained from AR 635-5-1 (Separation Program Designator (SPD) Codes)

11.  AR 635-5-1 states that SPD codes are three-character alphabetic combinations which identify reasons for and types of separation from active duty. The SPD code of:

* "RBD" is the correct code for Soldiers retiring from active duty by reason of sufficient service for retirement under the provisions of AR 600-8-24
* "MBK" is the correct code for Soldiers REFRAD by reason of completion of required active service under the provisions of AR 635-200, chapter 4
* "VBK" is the appropriate code for Soldiers who have completed their required active service under the provisions of AR 601-10

12.  AR 600-8-24 prescribes policies and procedures governing the transfer and discharge of Army officer personnel.  Paragraph 2-7 provides for an officer's voluntary release from active duty by reason of expiration of active duty commitment.  Paragraph 6-14 provides for voluntary retirement of officers at
20 years of service. 




13.  AR 601-10 covers the management and mobilization of retired Soldiers of the Army during war, national emergency, or when otherwise authorized by law. It provides for peacetime management of retired military personnel in preparation for their use to meet national defense requirements.  It sets policies and procedures for the voluntary and involuntary reassignment of retired Soldiers.

DISCUSSION AND CONCLUSIONS:

1.  The applicant served in a variety of assignments on active duty and he retired on 30 April 2005.  He was issued a DD Form 214 that captured his retirement from active duty and assigned the appropriate reason, authority, and SPD code.

2.  He was ordered to active duty on 22 November 2009 as a retiree recall and he was honorably REFRAD on 22 April 2010 upon completion of his required service.  He was issued a DD Form 214 that captured this period of active duty: 

	a.  He had previously retired in April 2005 and he received the appropriate type of separation at the time.  He was honorably REFRAD on 22 April 2005; he did not retire or re-retire on that date.  He was simply released from the period of active duty he was recalled for and returned to his retired status.  The appropriate type of separation is shown in item 23 of his DD Form 214.

	b.  He was honorably REFRAD by reason of completion of his required active service in accordance with AR 600-8-24, paragraph 2-7.  Nevertheless, his entry on and release from active duty was governed by AR 601-10.  Additionally, the correct SPD code for a Soldier who enters active duty as a retiree recall and is honorably REFRAD is "VBK." 

	c.  Therefore, his DD Form 214 for the period ending 22 April 2010 should be corrected to show the correct authority for separation and SPD code.

3.  Item 9 of his DD Form 214 for the period ending 22 April 2010 incorrectly listed the command to which he was transferred as the "Retired Reserve."  He was a USAR officer who had retired by reason of completing 20 or more years of active service.  He was a retiree recall who completed his required active service and he was reverted to his retired status.  He should have been transferred to USAR Control Group (Retired).  Therefore, he is entitled to correction of item 9 of his 2010 DD Form 214 to show the correct entry.

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:

	a.  deleting from item 9 of his DD Form 214 for the period ending 22 April 2010 the entry "USAR CON GP (RETRES) 1 RESERVE WAY, ST LOUIS, MO 63132" and replacing it with the entry "USAR CON GP (RETIRED) 1 RESERVE WAY, ST LOUIS, MO 63132";

	b.  deleting from item 25 of his DD Form 214 for the period ending 22 April 2010 the entry "AR 600-8-24, PARA 2-7" and replacing it with the entry
"AR 601-10"; and

	c.  deleting from item 26 of his DD Form 214 for the period ending 22 April 2010 the entry "MBK" and replacing it with the entry "VBK."

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 the type of separation on his DD Form 214 for the period ending 22 April 2010 to show "Retirement" instead of "Release from Active Duty."



      _______ _  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)                                         AR20100025676



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ABCMR Record of Proceedings (cont)                                         AR20100025676



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