PROCEEDINGS

	IN THE CASE OF:  

	BOARD DATE:           17 October 2000                  
	DOCKET NUMBER:   AR2000042388

	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	
	Ms. Wanda L. Waller		Analyst	

  The following members, a quorum, were present:

	Mr. Raymond V. O’Connor 		Chairperson	
	Ms. Barbara J. Ellis 		Member	
	Ms. Linda D. Simmons 		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 his separation authority and narrative reason for separation be changed.

3.  The applicant states, in effect, that his separation authority should be corrected to show “Released Under U.S.C. 1171” (correctly known as Title 10, United States Code, Section 1171) and that his narrative reason for separation should be corrected to show “Release Early For Christmas – Overseas Returnee” because he is being denied VA medical benefits.  In support of his application, he submits a copy of his DD Form 214 (Certificate of Release of Discharge from Active Duty).

4.  The applicant’s military records show that he enlisted on 4 January 1982 for a period of 2 years.  He served as a cannon crewman and was honorably released from active duty on 12 December 1983.

5.  The applicant’s records contain separation orders 273-84, dated
30 September 1983, which show that the separation authority is “AR 635-200”.    

6.  Item 25 (Separation Authority) on his DD Form 214 shows “DAMSG R 151810ZSEP 83 [Department of the Army Message Readdressed 151810 September 1983] & AR [Army Regulation] 635-200 C”.  The applicant’s personnel records do not contain the cited Department of the Army message. 

7.  Item 26 (Separation Code) on his DD Form 214 shows “Lbk”.  Army Regulation 635-5-1 (Separation Program Designator Codes) states the reason for discharge based on separation code “LBK” is “Expiration term of service” and the regulatory authority is Army Regulation 635-200, Chapter 4.

8.  Item 28 (Narrative Reason for Separation) on the applicant’s DD Form 214 shows “EXPIRATION TERM OF SERVICE.  ETS”.

9.  Army Regulation 635-200 sets forth the basic authority for the separation of enlisted personnel.  Chapter 4 of that regulation provides, in pertinent part, for the discharge or release from active duty upon termination of enlistment, and other periods of active duty or active duty for training.

10.  Title 10, United States Code, Section 1171 provides for the early release of any regular enlisted member of an armed force within three months before the expiration of his or her term of service or extended enlistment.  This law states that discharge under Section 1171 does not affect any right, privilege, or benefit that a member would have had if he or she had completed their enlistment or extended enlistment, except that the service member is not entitled to pay and allowances for the period not served.

11.  Army Regulation 635-5-1 (Separation Program Designator Codes) prescribes the specific authorities (regulatory, statutory, or other directives), the reasons for the separation of members from active military service, and the separation program designators to be used for these stated reasons.

CONCLUSIONS:

1.  The Board noted the applicant’s contention that his separation authority and narrative reason for separation should be changed because he is being denied VA medical benefits.  However, the applicant has provided no evidence that the Department of Veterans Affairs has denied him any benefits and the Board does not alter separation documents for the purpose of making applicant’s eligible for veteran benefits.

2.  Evidence of record shows the applicant was relieved from active duty under the provisions of Army Regulation 635-200, Chapter 4, for expiration of his term of service.  Based on this evidence, he was properly separated from active duty in accordance with applicable regulations with no indication of any procedural violation of the applicant’s rights. 

3.  Evidence of record also shows that the applicant was released upon the expiration of his term of service.  Title 10, United States Code, Section 1171, applies to early release of soldiers prior to expiration of their term of service.  Therefore, it is not appropriate to use Title 10, United States Code, Section 1171 as an authority for separation in this case.   

4.  Item 25 (Separation Authority) on his DD Form 214 incorrectly shows “DAMSG R 151810ZSEP 83 & AR 635-200 C”.  The governing Army regulation shows that the authority for separation based on separation code “LBK” is Army Regulation 635-200, Chapter 4.  Therefore, the applicant is entitled to correction of item 25 (Separation Authority) on his DD Form 214 to show that he was separated under the provisions of Army Regulation 635-200, Chapter 4.

5.  The applicant’s narrative reason for separation used in the applicant’s case is correct and was applied in accordance with the applicable regulations.  

6.  In view of the foregoing findings and conclusions, it would be appropriate to correct the applicant’s records, but only as recommended below.

RECOMMENDATION:

1.  That all of the Department of the Army records related to this case be corrected: 

	a.  by deleting the entry “DAMSG R 151810ZSEP 83 & AR 635-200 C” in item 25 (Separation Authority) on the DD Form 214 of the individual concerned; and 

	b.  by adding the entry “Army Regulation 635-200, Chapter 4” in item 
25 on his DD Form 214.

2.  That so much of the application as is in excess of the foregoing be denied.

BOARD VOTE:  

RVO____  BJE_____  LDS____  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		Raymond V. O’Connor_____
		        CHAIRPERSON

INDEX

CASE ID	AR2000042388	
SUFFIX		
RECON		
DATE BOARDED	20001017	
TYPE OF DISCHARGE	(HD)	
DATE OF DISCHARGE	19831212	
DISCHARGE AUTHORITY	AR 635-200 Chapter 4	
DISCHARGE REASON	Expiration term of service	
BOARD DECISION	(GRANT)	
REVIEW AUTHORITY		
ISSUES         1.	110.0200	
2.		
3.		
4.		
5.		
6.