PROCEEDINGS

	IN THE CASE OF:      

	BOARD DATE:           4 June 2002                  
	DOCKET NUMBER:   AR2001063638

	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. Antoinette Farley		Analyst	

  The following members, a quorum, were present:

	Ms. Jennifer L. Prater		Chairperson	
	Mr. Arthur A. Omartian		Member	
	Ms. Regan K. Smith		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, which indicates that he was an involuntary released from Active Duty (REFRAD) or transferred.  He requests that his SPD be changed to MBK voluntary separation. 

3.  The applicant states that the reason for separation was expiration of his term of service.  He received a reenlistment eligibility code of RE-1A.  He applied for an active guard reserve position and his application was returned indicating he was ineligible for consideration due to his separation code.  He adds that the RE-1A code indicates that he was fully qualified for reenlistment.  He therefore maintains that his separation code should have been MBK, which denotes voluntary separation.  In support of his case he submits a copy of his DD Form 214 dated
29 February 1984, and excerpts from Army Regulation 635-1 (The Policy and Procedures for use of Separation Program Designators), specifically table 
C-1 (SPD codes applicable to enlisted personnel, pages 8, 9 and 10 dated 
1 December 2000). 

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 DD Form 214 (Certificate of Release or Discharge from Active Duty) shows that on 10 March 1981 he enlisted in Regular Army for 3 years and was awarded primary military occupational specialty (MOS) 12F10 (Engineer Track Vehicle Crewmember).  

6.  On 29 February 1984, the applicant was separated, his service was characterized as honorable and the narrative reason for discharge was listed as Expiration of Term of Service.  He was credited with a total of 2 years of active service and 1 year, 9 months and 15 days of prior active service with no lost time.  The highest rank he attained was (E-4).  He was given a separation code of LBK and a Reentry Code of 1A.  He was transferred to the United States Army Reserve Control (USAR) Control Group (Reinforcement) for completion of his service obligation.  

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 applies a different use of the same code 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 29 February 1984 with an SPD of MBK.

BOARD VOTE:  

__JLP___  ___AAO__  __RKS  _  GRANT AS STATED IN RECOMMENDATION

________  ________  _______     GRANT FORMAL HEARING

________  ________  ________   DENY APPLICATION

		_     Jennifer L. Prater_______
		        CHAIRPERSON

INDEX
CASE ID	AR2001063638	
SUFFIX		
RECON		
DATE BOARDED	20020604	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION		
REVIEW AUTHORITY		
ISSUES         1.	111.00	
2.		
3.		
4.		
5.		
6.