IN THE CASE OF:	  

		BOARD DATE:	  14 April 2015

		DOCKET NUMBER:  AR20140014723 


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 28 (Narrative Reason for Separation), from "Enter Officer Training Program" to "Attend School." 

2.  The applicant states:

* the requested narrative reason for separation (attend school) qualifies him for unemployment benefits 
* he is a prior enlisted Soldier and a full-time student at the University of Texas pursuing a master's degree and an Army commission through the Reserve Officers' Training Program (ROTC) as a non-scholarship cadet
* he is unable to support himself and his dependent parent since separating from the service in 2013 
* he was informed by the Texas Workforce Commission that his separation is not acceptable for unemployment 

3.  The applicant provides:

* Letter from the Texas Workforce Commission 
* Listing of acceptable versus unacceptable reasons for separation
* DD Form 214




CONSIDERATION OF EVIDENCE:

1.  The applicant's records show he enlisted in the Regular Army for a period of 4 years and 26 weeks on 13 October 2010.  He was trained in and held military occupational specialty 91F (Small Arms/Artillery). 

2.  On 18 July 2013, Headquarters, III Corps, Fort Hood, TX, published Orders 138-0131 ordering his assignment to the transition center for separation outprocessing, effective 22 July 2013. 

3.  He was honorably discharged in accordance with paragraph 16-2 of Army Regulation 635-200 (Active Duty Enlisted Administrative Separations) on 22 July 2013.  His DD Form 214 shows he completed 2 years, 9 months, and 10 days of active service.  It also shows in: 

* Item 26 (Separation Code) – KGX
* Item 28 – Enter Officer Training Program

4.  He enlisted in the U.S. Army Reserve (USAR) as a cadet on 23 July 2013.  He was assigned to the USAR Control Group (ROTC). 

5.  On 13 August 2014, in response to his petition, the Army Discharge Review Board (ADRB) reviewed his discharge action and determined the narrative reason for separation was proper and equitable.  As such, the ADRB denied his request.

6.  On 24 December 2014, a scrolling action was forwarded to Office of the Secretary of Defense for potential approval of appointment as a Reserve commissioned officer. 

7.  The applicant provides a letter, dated 13 August 2014, from the Texas Workforce Commission advising him that he does not meet the original first term of service and his separation reason prevents him from qualifying for unemployment.  He also provides a listing of acceptable and unacceptable reasons, one of which is to attend civilian school. 

8.  Army Regulation 635-200 provides for the separation of enlisted personnel from active duty.

	a.  Chapter 5 provides for separation for the convenience of the Government. Paragraph 5-15 provides for early separation to further education.  It states Soldiers may be discharged or released from active duty for the convenience of the Government up to 90 days before expiration of term of service in order to attend a specific term at college, university, vocational school, or technical school.

	b.  Chapter 16 provides for separations caused by changes in service obligations.  Paragraph 16-2 of this regulation states a Soldier may be discharged for the purpose of entering a program leading to a commission or warrant officer appointment in any branch of the Armed Forces, including ROTC and Officer Candidate School.  The characterization of such discharge would be honorable. 

8.  Army Regulation 635-5-1 (Separation Program Designator (SPD) Codes) states that SPD codes are three-character alphabetic combinations which identify reasons for and types of separation from active duty.  Table 2–3 lists the SPD codes applicable to enlisted personnel. 

	a.  SPD code "KCF" is the correct code for Soldiers separating (voluntary discharge) under the provisions of paragraph 5-16 of Army Regulation 635-200 by reason of "Attend Civilian School." 

	b.  SPD code "KGX" is the correct code for Soldiers separating (voluntary discharge) under the provisions of paragraph 16-2 of Army Regulation 635-200 by reason of "Enter Officer Training Program."

DISCUSSION AND CONCLUSIONS:

1.  The applicant enlisted for 4 years and 26 weeks on 13 January 2010.  His ETS date was established as 12 June 2014.  He applied for a commission and subsequently enlisted in an ROTC program.  Accordingly, he was honorably discharged prior to completion of his term of service to attend an officer training program.  The applicant was not discharged because he wanted to attend civilian school.  Such discharge action is authorized up to 90 days before a Soldier's ETS.  This is not the case here.

2.  The applicant's narrative reason for separation was assigned based on the fact that he was discharged under the provisions of paragraph 16-2 of Army Regulation 635-200 because of his voluntary request to enter an officer training program.  Absent this voluntary request, there was no fundamental reason to discharge him.  The underlying reason for his discharge was his voluntary request to enter an officer training program.  The only valid narrative reason for separation permitted under that paragraph is "Enter an officer training program" and the appropriate separation code associated with this discharge is "KGX" which is correctly shown on his DD Form 214.

3.  The ABCMR does not correct records solely for the purpose of establishing eligibility for other programs or benefits.  His narrative reason for separation is correct.  He is not entitled to correction of his narrative reason for separation.

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)                                         AR20140014723





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ABCMR Record of Proceedings (cont)                                         AR20140014723



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