PROCEEDINGS

	IN THE CASE OF:       

	BOARD DATE:            3 August 2000
	DOCKET NUMBER:   AR2000041788

	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:

	Mr. John N. Slone		Chairperson	
	Mr. Edwin S. Castle		Member	
	Mr. Calvin M. Fowler		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, in effect, that items 9, 18, 25, 26, 27, and 
28 of his Department of Defense (DD) Form 214 (Certificate of Release or Discharge From Active Duty) be corrected.

3.  The applicant states, in effect, that he was released from active duty (REFRAD) under the provisions of the Transition Assistance Management Program with an approval for a full Special Separation Benefit (SSB) payment and that he should have been transferred into the Individual Ready Reserve (IRR) and received his full authorized SSB.  

4.  The applicant’s military records show that he was discharged from the Regular Army, with an honorable characterization of service, on 30 April 1998, in the rank and pay grade of Sergeant/E-5 (SGT/E-5).  At the time of his separation the applicant had completed 10 years, 9 months, and 7 days of active military service.  

5.  Orders Number 043-0262, dated 12 February 1998, which reassigned the applicant to the United States Army Transition Center, Fort Bragg, North Carolina for transition processing is on file in the applicant’s Official Military Personnel File (OMPF).  This order established the applicant’s discharge date as 30 April 1998 and contained, in the additional instructions portion of the order, an authorization and approval for the applicant to receive an SSB payment, under the provisions of the Transition Assistance Management Program.

6.  On 18 February 1998, the applicant enlisted in the United States Army Reserve (USAR) and accepted an assignment to the Army Personnel Center (ARPERCEN), St. Louis, Missouri to be effective upon his REFRAD.  This action was codified in a 1st Endorsement to Orders Number 043-0262 prepared by the Chief of Personnel Actions of the  82nd Airborne Division, Fort Bragg, North Carolina.

7.  The DD Form 214 issued to the applicant on the date of his separation contains the following data:  Item 9 (Command to Which Transferred) Not Applicable; Item 18 (Remarks) is void of SSB payment authorization;
Item 25 (Separation Authority) Army Regulation 635-200, chapter 4;
Item 26 (Separation Code) KBK); Item 27 (Reentry Code) 1; and 
Item 28 (Narrative Reason for Separation) Completion of Required Active Service). 

8.  On 7 May 1998, the Chief of the Transition Services Office (TSO), Headquarters XV111 Airborne Corps and Fort Bragg, submitted a request to the Commander of the Army Reserve Personnel Command (ARPERSCOM) asking that Items 9, 18, 25, 26, 27, and 28 of the applicant’s DD Form 214 be corrected to read as follows: Item 9 (Command to Which Transferred) USAR Control Group (Reinforced), 9700 Page Avenue, St. Louis, Missouri; Item 18 (Remarks) “Special Separation Benefit $32,618.30”; Item 25 Army Regulation 635-200, Paragraph 16-8; Item 26 (Separation Code) MCB; Item 27 (Reentry Code) 3; and Item 28 Early Release Program-Special Separation Benefit.

9.  Department of the Army message 202100Z, December 1991 announced the Voluntary Separation Incentive Program (VSIP) to support Army drawdown.  This message identified four categories of Regular Army soldiers who could request separation under the VSIP.  The applicant fit one of these categories which included personnel in pay grade E-5 or above with 9 or more years of service in selected military occupational specialties.  

10.  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.  The SPD code of KCB
was the appropriate code for the applicant based on the guidance provided for soldiers separating under the provisions of paragraph 16-8, Army Regulation 635-200, by reason of an Early Release Program with an SSB.  In addition, 
Table 2-3 (SPD/RE Code Cross Reference Table), of Army Regulation 635-5 
(Separation Documents) establishes RE Code 3 as the proper RE code to assign to soldiers separated for this reason.

CONCLUSIONS:

1.  After carefully examining the evidence of record and the independent evidence submitted by the applicant, the Board finds that the applicant’s contentions have merit and that it would be appropriate to grant the requested relief.

2.  It is clear from the evidence of record that the applicant should have been REFRAD and transferred to the IRR under the terms of an Early Separation Program with entitlement to SSB.  This is evidenced by Order Number 043-0262, and the 1st Endorsement to this Order, which codified the applicant’s enlistment in the USAR and transfer to the IRR; in addition, to verifying the approval of his entitlement to receive a SSB.  

3.  The request for correction to the applicant’s DD Form 214 submitted by the TSO at Fort Bragg serves as an admission that the DD Form 214 issued to the applicant at the time of his separation contained several errors and did not properly reflect the terms and conditions of the applicant’s separation.  Therefore, the Board concludes, in the interest of justice, that Items 9, 18, 25, 26, 27, and 
28 of this document be corrected as necessary at this time. 

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

RECOMMENDATION:

1.  That all of the Department of the Army records related to this case be corrected by changing Items 9, 18, 25, 26, 27,  and 28 of the DD Form 214 issued to the applicant upon his separation.  These items should read as follows: Item 9- USAR Control Group (Reinforced), 9700 Page Avenue, St. Louis, Missouri; Item 18- add the statement “Special Separation Benefit $32,618.30”; Item 25- Army Regulation 635-200, Paragraph 16-8; Item 26- KCB; Item 27- 3; and Item 28- Early Release Program-Special Separation Benefit. 

2.  That the individual concerned be provided entitlement to all pay and allowances due as a result of the corrections identified in the preceding paragraph.

BOARD VOTE:  

___esc __  ___js ___  __cmf___  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		______John N. Slone_______
		        CHAIRPERSON

INDEX

CASE ID	AR2000041788	
SUFFIX		
RECON		
DATE BOARDED	2000/08/03	
TYPE OF DISCHARGE	HD	
DATE OF DISCHARGE	1998/04/30	
DISCHARGE AUTHORITY	AR 635-200 C4 	
DISCHARGE REASON	ETS	
BOARD DECISION	GRANT	
REVIEW AUTHORITY		
ISSUES         1.  189	110.0000	
2.		
3.		
4.		
5.		
6.