RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:         14 March 2006
      DOCKET NUMBER:  AR20050010639


      I certify that hereinafter is recorded the true and complete record
of the proceedings of the Army Board for Correction of Military Records in
the case of the above-named individual.

|     |Mr. Carl W. S. Chun               |     |Director             |
|     |Mr. Joseph A. Adriance            |     |Analyst              |


      The following members, a quorum, were present:

|     |Ms. Kathleen A. Newman            |     |Chairperson          |
|     |Mr. Larry C. Bergquist            |     |Member               |
|     |Mr. Larry W. Racster              |     |Member               |

      The Board considered the following evidence:

      Exhibit A - Application for correction of military records.

      Exhibit B - Military Personnel Records (including advisory opinion,
if any).

THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:

1.  The applicant requests, in effect, that she be provided separation pay.


2.  The applicant states, in effect, that she is requesting separation pay
from the Army that she was denied at the time of her separation because she
had signed a Declination of Continued Service Statement (DCSS).  She claims
she had her separation document corrected to delete the signing of this
form, which resulted in changes to her reentry (RE) code and Separation
Program Designator (SPD) code.  Her RE code was changed to RE-1 and her SPD
code was changed to KBK.  She states that because she was a staff sergeant
(SSG) with over
10 years of service, that makes her eligible for separation pay.

3.  The applicant provides the following documents in support of her
application:  Separation Document (DD Form 214); Correction to Separation
Document (DD Form 215); and Army Board for Correction of Military Records
(ABCMR) Record of Proceedings (AR20040003132).

CONSIDERATION OF EVIDENCE:

1.  Incorporated herein by reference are military records which were
summarized in the previous consideration of the applicant's case by the
ABCMR in Docket Number AR20040003132, on 29 March 2005.

2.  On 12 June 2002, the applicant signed a DCSS (DA Form 4991-R)
confirming she would not reenlist to meet the requirements of an overseas
assignment.  In this statement, she acknowledged that she would be
prohibited from reenlistment or extension based on completing this form.

3.  On 2 October 2003, the applicant was separated at the completion of her
required service.  The DD Form 214 she was issued at the time confirms she
was assigned the SPD code of JBK and a RE-3 code based on the authority and
reason for her separation.

4.  On 29 March 2005, the ABCMR concluded that the authority and reason for
the applicant's separation, which included the RE and SPD codes, was
accomplished in accordance with the applicable regulation.  However, it
also concluded that relief was warranted in the interest of equity based on
the applicant's overall record of service.  As a result, the ABCMR
recommendations for correcting the applicant's record included changing her
SPD code to KBK and her RE code to RE-1.

5.  On 24 May 2005, the applicant was issued a DD Form 214 that changed
Item 26 (Separation Code) of her original DD Form 214 to KBK and Item 27
(Reentry Code) to RE-1.

6.  Army Regulation 635-5-1 (SPD Codes) provides the specific authorities
(regulatory or directive), reasons for separating Soldiers from active
duty, and the SPD codes to be entered on the DD Form 214.  It states, in
pertinent part, that the SPD code of KBK is the appropriate code to assign
to Soldiers who voluntarily separate under the provisions of chapter 4,
Army Regulation 635-200, at the completion of required active service.  The
SPD/RE Code Cross Reference Table included in the regulation establishes RE-
1 as the proper code to assign members separated with this SPD code.

7.  Army policy offers separation pay to Soldiers who have completed at
least
6 years of service, and who are being involuntarily separated as a result
of denial of reenlistment.  The Defense Finance and Accounting Service
(DFAS) maintains a list of enlisted SPD codes and whether the Army has
authorized separation pay for members separated with the SPD code
identified.  This list confirms that separation pay is not authorized for
members separated with an SPD code of KBK.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's contention that she is entitled to separation pay based
on the ABCMR action that resulted in a change to her SPD code and the
supporting documentation she provided were carefully considered.  However,
there is insufficient evidence to support her claim.

2.  By law and regulation, separation pay is only authorized for those
members who are denied reenlistment and who are involuntarily separated.
Army policy does not authorize the payment of separation pay to members who
are separated with the SPD code of JBK, the applicant's original separation
code, or KBK, the separation code she was assigned based on the ABCMR
correction.  Therefore, there is no evidence that supports her receiving
separation pay at this time.

3.  In order to justify correction of a military record the applicant must
show to the satisfaction of the Board, or it must otherwise satisfactorily
appear, that the record is in error or unjust.  The applicant has failed to
submit evidence that would satisfy this requirement.


BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

________  ________  ________  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

___KAN _  __LCB __  ___LWR_  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.




                                  _____Kathleen A. Newman____
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20050010639                           |
|SUFFIX                  |                                        |
|RECON                   |YYYYMMDD                                |
|DATE BOARDED            |2006/03/14                              |
|TYPE OF DISCHARGE       |HD                                      |
|DATE OF DISCHARGE       |2003/10/02                              |
|DISCHARGE AUTHORITY     |AR 635-200 C4                           |
|DISCHARGE REASON        |ETS                                     |
|BOARD DECISION          |DENY                                    |
|REVIEW AUTHORITY        |Mr. Chun                                |
|ISSUES         1.  1021 |100.0000                                |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


-----------------------
[pic]