IN THE CASE OF:
BOARD DATE: 9 September 2014
DOCKET NUMBER: AR20140002292
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 codes and the reason for separation on his DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period ending 5 November 2004 to show she was separated for physical disability with severance pay.
2. The applicant states the separation codes and reason for separation on her DD Form 214 are incorrect. She was separated from active duty with severance pay because of an injury after going through the medical board process. Her DD Form 214 was filled out incorrectly and should reflect the memorandum issued by the U.S. Army Physical Disability Agency (USAPDA) stating that she was separated due to physical disability and entitled to severance pay.
3. The applicant provides:
* her DD Form 214, effective 5 November 2004
* USAPDA Memorandum, dated 13 April 2005
* Orders D103-01, dated 13 April 2005
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 U.S. Army Reserve (USAR) on 23 April 2003 and she was called to active duty for training (ADT) on 27 August 2003. She was honorably released from ADT on 5 November 2004.
3. Her DD Form 214 shows in:
* item 23 (Type of Separation) "Release from active duty training"
* item 25 (Separation Authority) "[Army Regulation] 635-200 [Personnel Separations Enlisted Personnel], [Chapter] 4"
* item 26 (Separation Code) "MBK"
* item 28 (Narrative Reason for Separation) "Completion of required active service"
4. She provides a memorandum and official orders issued by the USAPDA on
13 April 2005, which show she was discharged from the USAR on 23 April 2005 by reason of physical disability and entitled to severance pay.
5. Army Regulation 635-200 sets forth the basic authority for the separation of enlisted personnel. Chapter 4 provides that a Soldier will be separated upon expiration of enlistment or fulfillment of service obligation.
6. Army Regulation 635-5-1 (Separation Program Designator (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 of his release for active duty listed every SPD code applicable to enlisted personnel in an appended table. The table shows that Soldiers released from active duty under the authority of Army Regulation 635-200, chapter 4, by reason of completion of required active service were to be assigned SPD code "MBK."
7. Army Regulation 635-5 (Separation Documents) at the time prescribed the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army. It states the DD Form 214 is a summary of a Soldiers most recent period of continuous active duty. It provides a brief, clear-cut record of active duty service at the time of release from active duty, retirement, or discharge. A DD Form 214 is only issued to members of the USAR if they are being released from active duty.
DISCUSSION AND CONCLUSIONS:
1. The evidence of record does not support the applicant's request for correction of the narrative reason and separation codes listed on her DD Form 214 to show she was given an honorable medical discharge with severance pay from the USAR in April 2005.
2. She was honorably released from ADT on 5 November 2004. Her DD Form 214 shows the proper authority, narrative reason, and SPD code for the type of separation she received.
3. Her medical discharge from the USAR in 2005 is properly documented by orders and her discharge has no bearing on the DD Form 214 she was issued in 2004.
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) AR20140002292
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ABCMR Record of Proceedings (cont) AR20140002292
2
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ARMY | BCMR | CY2010 | 20100011876
The applicant requests correction of his records to show he was honorably discharged for medical reasons. The applicant provides: * DD Form 785 (Record of Enrollment from Officer Candidate - Type Training) * Form 214 * Line of Duty Determination * Physical Disability Separation Memorandum * U.S. Army Physical Disability Agency (USAPDA) discharge orders * DA Form 2173 (Statement of Medical Examination and Duty Status) * Administrative relief from training memorandum * Orders releasing him...
ARMY | BCMR | CY2006 | 20060011502
Upon completion of this 106 day period of active duty training she was released from active duty training with an uncharacterized separation under the provisions of Army Regulation 635-200, chapter 4 for "Completion of Required Active Service" and assigned a Separation Program Designator (SPD) Code of "MBK." Chapter 4 of the regulation provides the guidance for "Separation for Expiration of Service Obligation" and states that a Soldier will be discharged or released from active duty upon...
ARMY | DRB | CY2013 | AR20130002733
IN THE CASE OF: BOARD DATE: 17 July 2013 CASE NUMBER: AR20130002733 ___________________________________________________________________________ Board Determination and Directed Action After carefully examining the applicant's record of service during the period of enlistment under review, and considering the Discussion and Recommendation which follows, the Board determined the discharge was both proper and equitable and voted to deny relief. The applicant requests an upgrade of her...
ARMY | DRB | CY2013 | AR20130006026
The DD Form 214 indicates she was released from active duty training under the provisions of Chapter 4, AR 635-200 by reason of completion of required active service, with her service described as uncharacterized. The record shows the applicant, while in entry-level status was released from active duty for training under the provisions of Chapter 4, AR 635-200, by reason of completion of required active service, with character of service described as uncharacterized. The applicant had...
ARMY | BCMR | CY2010 | 20100017658
The applicant states she was medically boarded from the military. A DA Form 2173 (Statement of Medical Examination and Duty Status), initiated by the patient administrator on 6 October 2003 and completed by the unit commander on 3 November 2003, prepared at Fort Sam Houston, TX, shows she incurred a stress fracture to her right hip while attending BCT at Fort Jackson, SC, in November 2002. On 30 January 2004, a medical evaluation board (MEB) convened at Madigan Army Medical Center, Tacoma,...
ARMY | BCMR | CY2004 | 2004105762C070208
Larry J. Olson | |Member | The Board considered the following evidence: Exhibit A - Application for correction of military records. The applicant requests that her DD Form 214 (Certificate of Release or Discharge From Active Duty) for the period 29 October 1984 to 4 January 1993 be corrected by changing her separation code (SPD code) in Item 26 from "LFF" to "MBK" and her narrative reason for separation in Item 28 from "Directed by the Secretary of the Army" to "Expiration Term of Service."...
ARMY | BCMR | CY2011 | AR20110023364
Her DD Form 214, indicates she was discharged by reason of completion of period of ADT, with an uncharacterized separation of service. A Soldier is in an entry-level status if the Soldier has not completed more than 180 days of creditable continuous active duty at the time of the discharge or relief from active duty. Board Action Directed Issue a new DD Form 214 Change Characterization to: Change Reason to: "Completion of Required Active Service" under the provisions of AR 635-200, Chapter 4.
ARMY | DRB | CY2009 | AR20090003592
However, the evidence of record shows that the applicant, while in entry-level status, was released from active duty for training under the provisions of AR 635-200, Chapter 4, by reason of completion of required active service, with service uncharacterized. Except for the forgoing modifications to the applicant's separation (SPD) code and the reentry eligibility (RE) code, the analyst determined that the reason for discharge and the characterization of service were both proper and...
ARMY | BCMR | CY2011 | 20110013865
The applicant requests correction of the "discharge/medical coding" shown on her DD Form 214 (Certificate of Release or Discharge from Active Duty) to show she was given an honorable medical discharge from the U.S. Army Reserve (USAR) in October 2008. c. On 11 September 2008, Headquarters, Army Reserve Medical Command, Pinellas Park, FL, issued Orders 08-255-00035 honorably discharging her from the USAR under the authority of Army Regulation 135-178 (Enlisted Administrative Separations)...
ARMY | DRB | CY2009 | AR20090010379
The evidence of record shows that the applicant, while in entry-level status, was released from active duty for training under the provisions of Chapter 4, AR 635-200, by reason of completion of required active service, with service uncharacterized. The characterization of service for Soldiers separated under this provision of the regulation will normally be honorable, unless the Soldier is in entry-level status. Board Action Directed President, Army Discharge Review Board Issue a new DD...