MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:           1 December 1999                   
	DOCKET NUMBER:   AR1999027635

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

	Mr. Loren G. Harrell		Director	
	Mrs. Nancy Amos		Analyst	

  The following members, a quorum, were present:

	Ms. Margaret K. Patterson		Chairperson	
	Mr. Arthur A. Omartian		Member	
	Mr. Elzey J. Arledge, Jr.		Member	

	The Board, established pursuant to authority contained in 10 U.S.C. 1552, convened at the call of the Chairperson on the above date.  In accordance with Army Regulation 15-185, the application and the available military records pertinent to the corrective action requested were reviewed to determine whether to authorize a formal hearing, recommend that the records be corrected without a formal hearing, or to deny the application without a formal hearing if it is determined that insufficient relevant evidence has been presented to demonstrate the existence of probable material error or injustice.

	The applicant requests correction of military records as stated in the application to the Board and as restated herein.

	The Board considered the following evidence:

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

APPLICANT REQUESTS:  That his DD Form 214, block 26 be corrected to read separation code KGF.

APPLICANT STATES:  That separation code KGH is incorrect.  He provides his DD Form 214, an extract of Army Regulation 635-200, and an extract of an unknown document as supporting evidence.

EVIDENCE OF RECORD:  The applicant's military records show:

After having had prior service, he enlisted in the Regular Army on 14 April 1988.

On 21 September 1994, a local bar to reenlistment on the applicant was approved.  

On 27 September 1994, the applicant requested separation under the provisions of Army Regulation 635-200, paragraph 16-5b because it was his opinion he would not be able to overcome the bar to reenlistment.  His request was approved and he was discharged on 14 October 1994.  His DD Form 214 shows his separation code as KGH.

Army Regulation 635-5-1 prescribes the specific authorities and reasons for separating soldiers from active duty and the separation program designator (SPD) codes to be entered on the DD Form 214.  Effective 1 October 1993 the regulation was completely revised, superseding the regulation dated 1 October 1982.  The 1982 version prescribes SPD KGF when the authority for separation is Army Regulation 635-200, paragraph 16-5a or b; the 1993 version prescribes SPD KGH for the same separation authorities.

DISCUSSION:  Considering all the evidence, allegations, and information presented by the applicant, together with the evidence of record, applicable law and regulations, it is concluded:

1.  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 the aforementioned requirement.

2.  The applicant appears to reference an out-of-date regulation when he requests his separation code be changed to KGF.  The applicant was discharged under the provisions of Army Regulation 635-200, paragraph 16-5b.  In October 1993 the regulation was revised to prescribe SPD KGH for a soldier separated under that authority.  He was discharged in October 1994 so the provisions of the October 1993 regulation apply.

3.  In view of the foregoing, there is no basis for granting the applicant's request.
DETERMINATION:  The applicant has failed to submit sufficient relevant evidence to demonstrate the existence of probable error or injustice.

BOARD VOTE:

________  ________  ________  GRANT

________  ________  ________  GRANT FORMAL HEARING

__mkp___  __aao___  __eja___  DENY APPLICATION

						Loren G. Harrell
						Director

INDEX

CASE ID	AR1999027635	
SUFFIX		
RECON		
DATE BOARDED	19991201	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	(DENY)	
REVIEW AUTHORITY		
ISSUES         1.	100.00	
2.		
3.		
4.		
5.		
6.