IN THE CASE OF:
BOARD DATE: 11 October 2011
DOCKET NUMBER: AR20110007966
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 his DD Form 214 (Certificate of Release or Discharge from Active Duty) be corrected to reflect a separation code of KGM (Accept Commission or Warrant in the Army) and a Reentry (RE) Code of 1.
2. The applicant states that his DD Form 214 incorrectly reflects a separation code of MBK (Completion of required active service) and does not reflect an RE Code.
3. The applicant provides a copy of his DD Form 214, a copy of his oath of office, and a copy of his discharge orders.
CONSIDERATION OF EVIDENCE:
1. The applicant enlisted in the Regular Army on 23 May 2006 for a period of 3 years and 16 weeks, training as a cannon crewman, and a cash enlistment bonus. He completed his training at Fort Sill, Oklahoma and was assigned to the 1st Cavalry Division and was deployed to Iraq from 16 November 2006 to 18 December 2007.
2. Upon return from Iraq he was transferred to Fort Benning, Georgia to attend Officer Candidate School (OCS). On 28 April 2008, orders were published discharging the applicant on 28 May 2008 for the purpose of accepting a commission in the Army.
3. On 28 May 2008 he was honorably discharged. His DD Form 214 shows he was discharged under the provisions of Army Regulation 635-200, chapter 4, due to completion of required service. He had served 2 years and 6 days of active service and his DD Form 214 shows that he was issued a separation code of MBK and he was not issued an RE Code.
4. On 29 May 2008 he accepted a Regular Army commission as a military police (MP) second lieutenant. He completed his MP officer basic course at Fort Leonard Wood, Missouri and was transferred to Fort Bliss, Texas and immediately deployed back to Iraq. He completed his tour in Iraq and returned to Fort Bliss where he currently serves in the rank of captain.
5. Army Regulation 635-5-1 (Separation Program Designator (SPD) Codes provides, in pertinent part, that enlisted personnel who are discharged to accept a commission in the Army will be discharged under the provisions of Army Regulation 635-200, paragraph 16-1a and issued a separation code of KGM. The appropriate RE Code for SPD KGM is a 1.
DISCUSSION AND CONCLUSIONS:
1. The applicants contention that he was issued an incorrect separation code and no RE Code has been noted and found to have merit.
2. The applicant was discharged to accept a commission in the Army and the applicable regulation provides that such separations will be under the provisions of Army Regulation 635-200, paragraph 16-1a, with a separation code of KGM and a RE Code of 1.
3. However, the applicant's DD Form 214 shows he was incorrectly discharged under the provisions of Army Regulation 635-200, chapter 4, due to completion of required active duty, with a separation code of MBK and no RE Code.
4. Accordingly, his DD Form 214 should be corrected at this time to show that he was discharged under the provisions of Army Regulation 635-200, paragraph 16-1a, with a separation code of KGM and an RE Code of 1.
BOARD VOTE:
____X____ ____X____ ___X_____ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
The Board determined that the evidence presented was sufficient to warrant a recommendation for relief. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by:
* Deleting the entry AR 635-200, chap 4 in block 25 of his DD Form 214
* Adding the entry AR 635-200, para 16-1a in block 25 of his DD Form 214
* Deleting the entry MBK in block 26 of his DD Form 214
* Adding the entry KGM in block 26 of his DD Form 214
* Deleting the entry NA in block 27 of his DD Form 214
* Adding the entry 1 in block 27 of his DD Form 214
* Deleting the entry Completion of Required Active Service in block 28 of his DD Form 214
* Adding the entry Accept a commission in the Army in block 28 of his DD Form 214
_______ _ _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) AR20110007966
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