PROCEEDINGS

	IN THE CASE OF:  

	BOARD DATE:           9 November 2000                   
	DOCKET NUMBER:   AR2000046561

	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	
	Mrs. Nancy Amos		Analyst	

  The following members, a quorum, were present:

	Ms. Jennifer L. Prater		Chairperson	
	Ms. Barbara J. Lutz		Member	
	Mr. Orville W. Troesch, Jr.		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 code be corrected.

3.  The applicant states that he was told he would get separation pay if he joined the U. S. Army Reserve or Army National Guard (ARNG).  His orders and his Certificate of Release or Discharge from Active Duty, DD Form 214, item 18 show that he is authorized separation pay.  However, the code in item 26 of his DD Form 214 prevents him from getting the pay.

4.  The applicant’s military records show that after having had prior service he enlisted in the Regular Army on 12 August 1986.  He was promoted to Sergeant, E-5 on 1 February 1989.  On 17 December 1998, he extended 4 months to meet his retention control point (RCP) and making his expiration term of service (ETS) 17 August 1999.  On 8 June 1999, he signed an Enlistment/Reenlistment Document Armed Forces of the United States, DD Form 4, enlisting in the ARNG for 3 years.

5.  On 17 August 1999, the applicant was released from active duty (REFRAD) and transferred to the 834th Engineer Company, Davenport, IA.  His separation orders state he was authorized full separation pay.  His DD Form 214, item 18 shows he was authorized $33,192.00 in separation pay.  His DD Form 214, item 26 shows his separation code as KBK (voluntary discharge of a Regular Army soldier eligible to reenlist who is discharged on completion of enlistment).  His separation code should have been LBK (involuntary REFRAD or transfer of a Regular Army soldier ineligible for, barred from, or otherwise denied reenlistment who is separated on completion of enlistment). 

6.  The Department of Defense Financial Management Regulation provides, effective 20 June 1991, for full separation pay to any active duty soldier who was denied reenlistment/continuation or was involuntarily separated under other than adverse conditions.  In order to be eligible for separation pay, a soldier must meet a five-part test.  The soldier must:  1.  have completed at least 6 years but fewer than 20 years of active service; 2.  receive a service characterization of honorable or under honorable conditions (general); 3.  sign a written agreement to serve 3 years in the Ready Reserve;   4.  have completed an initial term of enlistment; and 5.  be involuntarily separated or denied reenlistment.

7.  Deputy Chief of Staff for Personnel message 271738Z November 1996, Subject:  Retention Readiness, changed the RCP for Sergeants (non-promotable) to 15 years.  It stated that Sergeants (non-promotable) denied reenlistment due to RCP who separated on or after 1 April 1997 by reason of ETS would be eligible for involuntary separation pay if they had at least 13 years of service at the date of separation.

CONCLUSIONS:

1.  The evidence of record shows that the applicant was entitled to full separation pay at the time of his REFRAD.  However, separation code KBK (involuntary discharge) was erroneously listed on his DD Form 214 rather than the correct separation code of LBK (involuntary REFRAD or transfer).  The error is preventing the applicant from being paid separation pay.

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

RECOMMENDATION:

That the applicant’s DD Form 214 for the period ending 17 August 1999, item 26 be corrected to read separation code LBK.

BOARD VOTE:  

__jlp___  __bjl___  __owt___  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

			Jennifer L. Prater
		______________________
		        CHAIRPERSON

INDEX

CASE ID	AR2000046561	
SUFFIX		
RECON		
DATE BOARDED	20001109	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	(GRANT)	
REVIEW AUTHORITY		
ISSUES         1.	110.00	
2.		
3.		
4.		
5.		
6.