PROCEEDINGS

	IN THE CASE OF:   

	BOARD DATE:           20 January 1999                   
	DOCKET NUMBER:   AC98-09923
				    AR1999016574

	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. Loren G. Harrell		Director	
	Ms. Deborah L. Brantley		Analyst	

  The following members, a quorum, were present:

	Ms. June Hajjar		Chairperson	
	Mr. Robert W. Garrett		Member	
	Ms. Deborah S. Jacobs		Member	

	The applicant and counsel if any, did not appear before the Board.

	The Board considered the following evidence:

	Exhibit A - Application for correction of military records
	Exhibit B - Military Personnel Records (including
	            advisory opinion, if any)

FINDINGS:

1.  The applicant has exhausted or the Board has waived the requirement for exhaustion of all administrative remedies afforded by existing law or regulations.

2.  The applicant requests that his separation program designator (SPD) code be changed from MBK to LBK.  He states he was separated with a local bar to reenlistment in effect and that his SPD code of MBK prevents him from claiming his separation pay.

3.  Records available to the Board indicate the applicant entered active duty on 16 August 1989 and re-enlisted for a period of 3 years on 10 March 1993.  On 
3 January 1996 orders releasing the applicant from active duty effective 9 March 1996 were published at Fort Hood, Texas.  The orders indicate the applicant was entitled to half separation pay.

4.  Although documents associated with the applicant’s local bar to reenlistment were not in files made available to the Board, item 33 (reenlistment eligibility/ineligibility) on his DA Form 2A (personnel qualification record) confirms the applicant was ineligible to reenlist because of a locally imposed bar to reenlistment.

5.  On 9 March 1996, at the completion of his 1993 reenlistment contract, the applicant was involuntarily released from active duty.  His DD Form 214 notes he was entitled to half separation pay, although item 26 (separation code) on his separation document reflects an SPD code of MBK.

6.  Department of the Army Circular 635-92-1 states that soldiers who are denied retention a result of a Department of the Army or locally imposed bar to reenlistment are entitled to half separation pay.

7.  Army Regulation 635-5-1 states that SPD codes are three-character alphabetic combinations which identify reasons for, and types of, separation from active duty.  The sole purpose of SPD codes is to provide statistical accounting of reasons for separation.  It notes that code “MBK” reflects the voluntary separation of soldiers at the completion of their required period of service and code “LBK” reflects the separation of a soldier who was involuntarily separated at the completion of his required period of service because he was ineligible for or barred from reenlistment.

CONCLUSIONS:

1.  The evidence confirms that the applicant was barred from reenlistment at the time of his separation from active duty on 9 March 1996, the conclusion of his 1993 reenlistment contract.  His separation document and separation orders confirm his entitlement to half separation pay.

2.  The Board notes that because the applicant was precluded from re-enlisting at the time of his separation, his SPD code in item 26 on his DD Form 214 should have been LBK vice MBK.

3.  In view of the foregoing, the applicant’s records should be corrected as recommended below.

RECOMMENDATION:

That all of the Department of the Army records related to this case be corrected by showing in item 26, of the applicant’s DD Form 214, an SPD code of LBK vice MBK.

BOARD VOTE:  

___jh___  ___rwg__  ___dsj____  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		______________________
		        CHAIRPERSON

INDEX

CASE ID	AC	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	YYYYMMDD	
TYPE OF DISCHARGE	(HD, GD, UOTHC, UD, BCD, DD)	
DATE OF DISCHARGE	YYYYMMDD	
DISCHARGE AUTHORITY	AR . . . . .  	
DISCHARGE REASON		
BOARD DECISION	(NC, GRANT , DENY, GRANT PLUS)	
REVIEW AUTHORITY		
ISSUES         1.		
2.		
3.		
4.		
5.		
6.