MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:           13 September 2001
	DOCKET NUMBER:   AR2001058477

	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. Carl W. S. Chun		Director	
	Ms. Lisa O. Guion		Analyst	

  The following members, a quorum, were present:

	Mr. Fred N. Eichorn		Chairperson	
	Mr. John E. Denning		Member	
	Mr. Terry L. Placek		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:  In effect, that block 28 (narrative reason for separation) of his DD Form 214 (Certificate of Release or Discharge from Active Duty) be corrected to reflect “to attend school”.

APPLICANT STATES:  In effect, that he is being denied unemployment benefits by his State based on the narrative reason for separation contained on his separation document (DD Form 214), which reads “enter officer training program” when if it read “to attend school” he would be eligible for these benefits.  The applicant claims that he was released from active duty to attend college as a member of the Reserve Officer Training Corps (ROTC), which would more appropriately be categorized as attending school rather than officer training, as indicated in his narrative reason for separation.  He further comments that any actual officer training he receives will take place upon completing his degree requirements in school and after he is commissioned as an officer.  He indicates that the term attending officer training would more appropriately be applied to members attending Officer Candidate School (OCS), which is actually an officer training program and that the term attending school is the most appropriate term to use as the narrative reason for his separation given that is what he will be doing until he completes his degree requirements.  The applicant’s full statement containing his expanded argument is enclosed. 

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

On 3 February 1998, he entered active duty for 4 years and he served continuously until 20 December 2000, when he was honorably released from active duty (REFRAD) after completing 2 years, 10 months, and 18 days of active military service.

The applicant’s record shows that the highest rank he attained while serving on active duty was sergeant/E-5 (SGT/E5) and that he earned the following awards: Army Achievement Medal (2nd Award); Army Service Ribbon; Marksmanship Qualification Badge-M-16 Rifle; and Air Assault Badge. 

The DD Form 214 issued to the applicant on the date of his separation confirms that he was separated under the provisions of paragraph 16-2, Army Regulation 635-200 and was accordingly assigned a Separation Program Designator (SPD) code of KGX and a corresponding narrative reason for separation of “Enter Officer Training Program”.  

Army Regulation 635-200 sets forth the basic authority for the separation of enlisted personnel.  Paragraph 16-2 provides the policy and procedure for the separation of enlisted members for acceptance into a program leading to a commission or warrant officer appointment, which includes, in pertinent part, the ROTC program.

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 KGX was the appropriate code for the applicant based on the guidance provided in Army Regulation 635-5-1 for soldiers separating under the provisions of paragraph 
16-2, Army Regulation 635-200 to attend ROTC. 

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.  The Board notes the applicant’s contention that it is unjust for him to be denied unemployment benefits based on the narrative reason for separation listed in his DD Form 214 but it finds this claim lacks merit. 

2.  The evidence of record clearly shows the applicant was REFRAD voluntarily based on his acceptance to the ROTC program, under the provisions of paragraph 16-2, Army Regulation 635-200, and that he was properly assigned an SPD code of KGX and a corresponding narrative reason for separation of “Enter Officer Training Program” in accordance with applicable regulations.  Therefore, the Board finds no evidentiary basis for granting the requested relief. 

3.  Further, while the Board understands the applicant’s frustration at being denied unemployment benefits, these benefits are administered under State law and are not within its purview. 

4.  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 this requirement.

5.  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

___FNE__  __JED__  ___TLP__  DENY APPLICATION

		    Carl W. S. Chun
		    Director, Army Board for Correction
    of Military Records

INDEX

CASE ID	AR2001058477	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	2001/09/13	
TYPE OF DISCHARGE	(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)	
DATE OF DISCHARGE	YYYYMMDD	
DISCHARGE AUTHORITY	AR .  .  .  .  .  	
DISCHARGE REASON		
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.	110.0000	
2.		
3.		
4.		
5.		
6.