PROCEEDINGS

	IN THE CASE OF:  

	BOARD DATE:             9 April 2002
	DOCKET NUMBER:    AR2002067961

	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. Joseph A. Adriance		Analyst	

  The following members, a quorum, were present:

	Mr. Raymond V. O'Connor, Jr.		Chairperson	
	Mr. Raymond J. Wagner		Member	
	Mr. Donald P. Hupman, 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, in effect, that the Separation Program Designator (SPD) code contained in his separation document (DD Form 214) be corrected.   

3.  The applicant states, in effect, the SPD code of LBK assigned to him and listed in his separation document inappropriately categorizes him as an involuntary separation, which was not the case.  

4.  The applicant’s military records show that he served on active duty for 
3 years, from 15 July 1980 through 14 July 1983.  At that time, he was honorably released from active duty (REFRAD) and transferred to the United States Army Reserve (USAR) Control Group, St. Louis, Missouri.  

5.  The applicant was trained and served in military occupational specialty (MOS) 11B (Infantryman) and he was serving in the rank and pay grade of specialist/E-4 (SPC/E-4) on the date of his REFRAD.  The DD Form 214 issued to him on the date of his separation, 14 July 1983, confirms that he was honorably separated under the provisions of chapter 4, Army Regulation 635-200, by reason of expiration of term of service (ETS).  

6.  Item 26 (Separation Code) of the applicant’s DD Form 214 confirms that he was assigned the SPD code LBK.  Item 27 (Reentry Code) verifies that he received a reentry code of RE-1.  The records made available to the Board for review are incomplete and were provided by the applicant.  His Personnel Qualification Records (DA Form 2 and 2-1) were not in the file and there are no documents that would clarify his reenlistment eligibility status at the time of his separation.  

7.  The applicant’s DD Form 214 also provides conflicting information.  The absence of the Army Good Conduct Medal in the list of authorized awards would indicate that there may have been a disciplinary history that prevented him from receiving this award, to which he would otherwise be entitled.  However, the RE-1 code assigned to him at separation indicates that he was fully eligible for reenlistment on the date of his REFRAD, and it directly conflicts with the LBK SPD code assignment made.  

8.  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.  This regulation stipulates that members who are voluntarily REFRAD under the provisions of chapter 4, Army Regulation 635-200, by reason of ETS, are assigned a SPD code of MBK.  Those involuntarily separated, under the same regulatory provisions and for the same reason, but who are ineligible for, barred from, or otherwise denied reenlistment, are assigned a SPD code of LBK. 

9.  Table 2-3 (SPD/RE Code Cross Reference Table), Army Regulation 635-5 (Separation Documents), establishes the proper reentry code to assign members based on the authority and reason for separation based on the SPD code assigned.  This guidance indicates that the proper reentry code to assign to soldiers involuntarily REFRAD with a SPD code of LBK is RE-3.  The proper reentry code to assign soldiers voluntarily REFRAD with a SPD code of MBK is RE-1.  

CONCLUSIONS:

1.  The Board notes the applicant’s contention that the SPD code LBK contained in his DD Form 214 is incorrect and improperly indicates that his REFRAD was involuntary; and it finds this claim has merit.  

2.  The records available to the Board are incomplete and were provided by the applicant.  As a result, the Board is unable to establish with any certainty if he was or was not eligible for reenlistment at the time of his REFRAD, or if his separation was voluntary or involuntary, which would be the determinant factors in assigning a proper SPD code.   

3.  The evidence does show that the DD Form 214 issued to the applicant on the date of his separation assigned him a SPD code of LBK, which indicates an involuntary separation and by regulation mandated a reentry code of RE-3.  The reentry code assigned to him was RE-1, which indicates that he was fully eligible for reenlistment at the time of his REFRAD, and that his separation was voluntary.  

4.  The RE code of RE-1 assigned the applicant is inconsistent with an involuntary separation and the SPD code of LBK, which was also assigned to him upon his REFRAD.  Therefore, the Board concludes there is sufficient evidence to provide the requested relief.  

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

RECOMMENDATION:

That all of the Department of the Army records related to this case be corrected by amending the DD Form 214 of the individual concerned, dated 14 July 1983, by deleting the current “LBK” entry in Item 26 (Separation Code) and by replacing it with the entry “MBK”; and by providing him a corrected separation document that reflects this change.  

BOARD VOTE:  

__RVO__  __RJW__  __DPH__  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		____Raymond V. O'Connor, Jr.___
		              CHAIRPERSON

INDEX

CASE ID	AR2002067691	
SUFFIX		
RECON		
DATE BOARDED	2002/04/09	
TYPE OF DISCHARGE	HD	
DATE OF DISCHARGE	1983/07/14	
DISCHARGE AUTHORITY	AR 635-200 C4	
DISCHARGE REASON	ETS	
BOARD DECISION	GRANT	
REVIEW AUTHORITY		
ISSUES         1.  191	110.0200	
2.		
3.		
4.		
5.		
6.