PROCEEDINGS

	IN THE CASE OF:      

	BOARD DATE:           16 May 2002                  
	DOCKET NUMBER:   AR2001061912

	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. G. E. Vandenberg		Analyst	

  The following members, a quorum, were present:

	Mr. Fred N. Eichorn		Chairperson	
	Mr. Roger W. Able		Member	
	Ms. Paula Mokulis		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 SPD (separation program designator) be changed from LBK to one that will allow him to return to active service in an Active Guard/Reserve (AGR) position with the Alabama Army Reserves National Guard (ALARNG).  

3.  The applicant states, in effect, that he has been told that his current SPD prevents him from being considered for an AGR position.  He states that he served the complete tour of duty for which he had enlisted and that he had had no disciplinary problems that would have prevented his reenlistment. 

4.  The Board’s attempts to obtain the applicant's military records have met with limited success.  Information contained herein was obtained from alternative sources.

5.  The applicant’s records show that, on 17 August 1990, he enlisted in the ALARNG with a delayed entry onto active duty.  He entered active duty with a two-year active duty obligation on 1 November 1990.  He was promoted to pay grade E-4, effective 1 January 1993.  At the time of the expiration of his term of service, the applicant elected not to continue in the Regular Army (RA) but to return to the ALARNG.  He was released from active duty (REFRAD) on 20 February 1993 and transferred to the ALARNG effective 21 February 1993.  He continues to be an active member of the ALARNG through the current time. 

6.  The applicant's DD Form 214 (Certificate of Release or Discharge from Active Duty) shows that he had served on active duty for 2 years 3 months and 20 days. His service was characterized as honorable and the narrative reason for discharge was listed as Expiration of Term of Service.  He was given a separation code of LBK and a Reentry Code of 1, and block 6, of this form, shows a Reserve Obligation Termination Date of 16 September 1998.

7.  Army Regulation 635-5-1 currently provides the policy and procedures for use of Separation Program Designators.  In pertinent part, it lists the designator code to be used based upon the circumstances of a service member’s separation or transfer.  The separation codes for enlisted personnel are listed on Table C-1.  The separation codes for enlisted personnel who are released at their ETS are:

a.  LBK, for involuntary release from active duty or transfer at the completion of required active service.  It is to be used for a soldier who is ineligible for, barred from, or otherwise denied reenlistment who is separated on completion of enlistment; and 

b.  MBK, for a voluntary release from active duty or transfer at the time of completion of required active service.  It is to be used for soldiers eligible to reenlist or who have a Declination of Continued Service Statement in force who are released from active duty upon completion of enlistment and transferred to the Reserve Components to complete a military service obligation.

8.  Army Regulation 635-5-1, as in effect at the time of the applicant’s release from active duty, lists the separation code MBK for use in officer cases only.  There was no corresponding code for a voluntary release from active service with a transfer to the Reserve Components for enlisted personnel.  

CONCLUSIONS:

1.  At the time of the applicant's release from active duty if a soldier had not served their total period of obligated service, normally six years, they were automatically or involuntarily transferred to the Reserve Components to complete their total obligated service and a separation code of LBK was proper. 

2.  The Board finds that the applicant's records are correct based on regulations in effect at the time of his release from active duty.  However, the change in the regulation that now implies a different use of the same code designation creates an injustice that should be rectified.  Therefore, the Board concludes that in the interest of justice to apply current standards and regulations.

3.  Under current regulations a separation code of LBK is used for a soldier who is released from active duty but who is ineligible for, barred from, or otherwise denied reenlistment.  There is no evidence that any of these considerations apply to the applicant.  Therefore, LBK would not be appropriate under current standards. 

4.  While the MBK code was not previously used for enlisted personnel, it is currently used for both officer and enlisted personnel to denote a service member who is released from active duty with a Reserve or National Guard obligation.  Since this was the situation in the applicant's case, the Board concludes that his records should be corrected to show a separation code of MBK. 

5.  In view of the foregoing finding and conclusions, correcting the applicant’s records as recommended below will rectify an injustice

RECOMMENDATION:

That all of the Department of the Army records related to this case be corrected to show that the individual concerned was released from active duty on 20 February 1993 with an SPD of MBK.

BOARD VOTE:  

_FNE  __  _RWA_ __  __PM   _  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		_        Fred N. Eichorn___
		        CHAIRPERSON

INDEX
CASE ID	AR2001061912	
SUFFIX		
RECON		
DATE BOARDED	20020514	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION		
REVIEW AUTHORITY		
ISSUES         1.	111.00	
2.		
3.		
4.		
5.		
6.