PROCEEDINGS

	IN THE CASE OF:        

	BOARD DATE:             21 September 2000 
	DOCKET NUMBER:    AR2000039105

	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. Walter Avery, Jr.		Analyst	

  The following members, a quorum, were present:

	Ms. JoAnn H. Langston		Chairperson	
	Mr. Curtis L. Greenway		Member	
	Mr. Eric N. Andersen		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.

3.  The applicant states his separation orders authorized him to receive separation pay.  He received notification from the Defense Finance and Accounting Service (DFAS) that his SPD code prevented payment of separation pay.

4.  The applicant’s military records show that he served continuously on active duty from 22 January 1982 until his separation on 4 March 1992.  At the time of his separation the applicant had attained the rank of sergeant/E-5 and had completed 10 years, 1 month, and 13 days of active military service.

5.  The DD Form 214 (Separation Document) shows the applicant was honorably discharged, under the provisions of Army Regulation 635-200, chapter 16-5a by reason of the qualitative management program (QMP).  It also shows that the applicant was assigned a SPD code of KGF.  There is no entry in Block 18 (Remarks) of the DD Form 214 that indicates that the applicant was entitled to half involuntary separation pay.  

6.  On 4 March 1993 the 369th Personnel Service Company, Germany issued Orders 64-35.  The orders announced the discharge of the applicant from the Regular Army and stated that the applicant was entitled to one half separation pay in accordance with 10 USC 1174.

7.  10 USC 1174 reads, in pertinent part, that a Regular Army enlisted member of an armed force who is discharged involuntarily or as the result of the denial of the reenlistment of the member and who has completed six or more, but less than 20, years of active service immediately before that discharge is entitled to separation pay.

8.  On 14 October 1999 the applicant was notified by DFAS of a debt of $6,507.66 because of a payment of separation pay.  DFAS stated that the applicant’s SPD code of KGF did not authorize separation pay.  They instructed the applicant that separation pay could be authorized if his DD Form 214, Block 18, Remarks, contained a statement that he was authorized half separation pay.

9.  Army Regulation 635-5-1, Separation Program Designator Codes, provides in pertinent part, that there are specific authorities (regulatory or directive), reasons for separating soldiers from active duty, and the SPD codes to be entered on the DD Form 214.  The SPD code of KGF was the appropriate code for the applicant based on the guidance provided in AR 635-5-1 for soldiers separating under the provisions of AR 635-200, chapter 16-5a for Department of the Army imposed bar to reenlistment, which was the result of selection under the QMP program.

CONCLUSIONS:

1.  Based on the authority for the applicant’s separation orders and 10 USC Section 1174, the Board concludes that the applicant was entitled to one half separation pay and, in the interest of justice, it would be appropriate to correct this error by authorizing his separation pay.

2.  The Board determined that any debt incurred by the applicant as a result of his being denied half separation pay is in error and should be remitted at this time.

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:

a.  entering the following statement “Soldier is entitled to one half separation pay in accordance with Title 10 USC Section 1174” in Item 18, Remarks Section, of the DD Form 214 issued upon the applicant’s 4 March 1992 discharge; and

b.  that any debt that the applicant incurred as a result of his being denied half separation pay be remitted at this time.

BOARD VOTE:  

___jhl  __  ___clg  __  ___ena _  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		_________JoAnn H. Langston_______
		        CHAIRPERSON

INDEX

CASE ID	AR2000039105	
SUFFIX		
RECON		
DATE BOARDED	20000921	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION		
REVIEW AUTHORITY		
ISSUES         1.	128.1000	
2.		
3.		
4.		
5.		
6.