IN THE CASE OF:  	  

		BOARD DATE:  24 March 2015	  

		DOCKET NUMBER:  AR20140013077 


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 his DD Form 214 (Certificate of Release or Discharge from Active Duty), item 26 (Separation Code) to show the Separation Program Designator (SPD) as "JBK" instead of "KBK."

2.  The applicant states, in effect, he was involuntarily separated because he had reached the retention control point (RCP) for the rank/grade of specialist/E-4 (8 years).  In order to fulfill the requirements for receipt of full separation pay, he enlisted in the U.S. Army Reserve for a term of 3 years.  At some point between his final outprocessing appointment and the signing of his DD Form 214 his SPD code was changed.

3.  The applicant provides:

* DD Form 214
* Final Pay Worksheet (Service Member's Copy)
* DA Form 4187 (Personnel Action), dated 58 May 2014, wherein he agrees to serve in the Ready Reserve for a period not less than 3 years
* Orders Number 354-0019, dated 20 December 2013, issued by U.S. Army Garrison-Hawaii, as amended by Orders Number 017-0018, dated 17 January 2014

CONSIDERATION OF EVIDENCE:

1.  The applicant enlisted in the Regular Army (RA) on 27 April 2004.  After completing initial training, he was awarded military occupational specialty 92G (Food Service Specialist).  The highest rank/grade held while on active duty was specialist (SPC)/E-4.  He was deployed twice to Iraq.

2.  On 17 March 2012, a Report to Suspend Favorable Personnel Actions (FLAG) was initiated on the applicant for an adverse personnel action.  On 6 September 2012, he received a General Officer Memorandum of Reprimand (GOMOR) for misconduct.

3.  His official military personnel file (OMPF) does not contain any documents related to a bar to reenlistment or any documents indicating the FLAG was lifted.  Additionally, following the receipt of the GOMOR, there is no indication he was ever considered for promotion to the next higher grade.  On 26 April 2012, the applicant had completed 8 years of active military service.

4.  On 2 April 2014, he was released from active duty and transferred to the 242nd Quartermaster Company, a Reserve unit within the 211th Regional Support Group.  His DD Form 214 shows a total net creditable active service of 9 years, 11 months, and 6 days.  Item 18 (Remarks) contains no entries regarding eligibility for separation pay.  Item 26 shows an SPD code of "KBK."  Item 27 (Reentry (RE) Code) shows a "1."

5.  On 28 May 2014, the applicant agreed to serve in the Ready Reserve for a period not less than 3 years.  On that same date, his acknowledgement was verified by a Reserve Component Career Counselor.

6.  Orders Number 153-0006, dated 2 June 2014, issued by U.S. Army Garrison-Hawaii, amended the applicant's separation orders (Orders Number 354-0019) to show his eligibility for full separation pay in the rank/grade of SPC/E-4 upon enlistment in the Individual Ready Reserve, the Army National Guard, or the U.S. Army Reserve.

7.  In a memorandum, dated 16 June 2014, the Chief of the Transition Center, Headquarters, U.S. Army Garrison-Hawaii, requested that HRC amend the applicant's DD Form 214 to reflect the following:

	As Reads:  item 26, "KBK"; item 27, "1."

	Corrected as follows:  item 26, "JBK"; item 27, "3."

	Added:  Item 18:  Member is entitled to full involuntary separation pay.  Full separation pay amount is $25,972.11.
8.  A review of the applicant's OMPF does not show any corrections were made to his DD Form 214 in the form of the issuance of a DD Form 215 (Correction to DD Form 214).

9.  All Army Activities Message 020/2011, dated 25 January 2011, issued by Department of the Army, subject:  Change to RCP for Enlisted Soldiers Serving in the RA or Under the Active Guard Reserve (AGR) Title 10 Programs, shows the RCP for enlisted Soldiers in the rank/grade of specialist/E-4 as 8 years when not in a promotable status.

10.  Army Regulation 635-5-1 (Personnel Separations - SPD) defines the separation codes used on the DD Form 214.  The regulation shows the:

	a.  SPD code of "JBK" with a narrative reason of completion of required active service with a regulatory authority as Army Regulation 635-200 (Active Duty Enlisted Administrative Separations), chapter 4.  The entry refers to note 7 which essentially states this code is to be used for Soldiers ineligible for reenlistment.

	b.  SPD code of "KBK" with a narrative reason of completion of required active service with a regulatory authority as Army Regulation 635-200 (Active Duty Enlisted Administrative Separations), chapter 4.  The entry refers to note 1 which essentially states this code is to be used for RA Soldiers eligible to reenlist.

11.  The SPD/RE Code Cross Reference Table provides instructions for determining the RE code for Active Army Soldiers and Reserve Component Soldiers.  This cross reference table shows the SPD code and a corresponding RE code.  The SPD code of "KBK" has a corresponding RE code of "1" and the corresponding RE code for the SPD code of "JBK" is "3."

DISCUSSION AND CONCLUSIONS:

Based on the evidence in his record and the evidence he provided, it is clear the SPD code on the applicant's DD Form 214 for the period ending 2 April 2014 should be amended to show "JBK" instead of "KBK."  Additionally, his RE code should be corrected to show "3" instead of "1."  Item 18 of his DD Form 214 should also be changed to show the following language:

	"Member is entitled to full involuntary separation pay in the amount of $25,972.11."




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:

	a.  deleting from the DD Form 214 for the period ending 2 April 2014:

* item 26, "KBK"
* item 27, "1"

	b.  Adding to the DD Form 214 for the period ending 2 April 2014:

* item 26, "JBK"
* item 27, "3"
* item 18, "Member is entitled to full involuntary separation pay in the amount of $25,972.11"



      ___________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)                                         AR20140013077



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ABCMR Record of Proceedings (cont)                                         AR20140013077



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