PROCEEDINGS

	IN THE CASE OF:      

	BOARD DATE:           13 August 2002                   
	DOCKET NUMBER:   AR2002070539

	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. Walter Avery, Jr.		Analyst	

  The following members, a quorum, were present:

	Mr. Fred N. Eichorn		Chairperson	
	Mr. Ted S. Kanamine		Member	
	Ms. Lana E. McGlynn		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 a change to the Separation Code in block 26, Separation Code, of his DD Form 214 (Certificate of Release or Discharge from Active Duty).

3.  The applicant states that he separated from the Army to enter a commissioning program known as Green to Gold.  Currently, his DD Form 214, item 26, reflects separation code KCF.  He has since learned that the proper code is KGX.  Due to this error the Defense Finance and Accounting Service (DFAS) is recouping the unearned portion of his enlistment bonus of $1,461.10.

4.  The applicant’s military records show he enlisted in the Regular Army on 17 January 1997.  He completed infantryman training, and achieved the rank of sergeant.  His DD Form 214, signed by the applicant, shows he was transferred to the US Army Reserve on 26 July 2000 under the provisions of Army Regulation 635-200, paragraph 5-17, to attend school, with a Separation Program Designator (SPD) code of KCF, and an RE Code of “1.”  His character of service was honorable; and he had completed a total of 3 years, 6 months and 10 days of creditable active service.  The document does not reflect any lost time.

5.  Orders in his record reflect that on 11 June 1998, he was awarded the Humanitarian Service Medal.  The award is not listed on his DD Form 214.

6.  The applicant was informed by Cadet Command of his selection to receive a Reserve Officer Training Corps (ROTC) Green to Gold Active Duty Scholarship.  It instructed the applicant to request a discharge under the provisions of Army Regulation 635-200, chapter 16.

7.  The DFAS notified the applicant that his debt of $1,461.10, for bonus collection was valid according to the SPD code of KFC on his DD Form 214.

8.  The Green to Gold program seeks talented young enlisted soldiers who have decided to leave, or are considering leaving, active duty to attend college.  Quality enlisted soldiers with officer potential who have served at least two years on active duty are allowed to voluntarily request discharge from active duty, and enroll in ROTC to earn baccalaureate degrees and commissions as second lieutenants. 

9.  Army Regulation 635-200 sets forth the basic authority for the separation of enlisted personnel. Chapter 16-2 of that regulation establishes policy and procedures, and provides authority for the voluntary separation of enlisted soldiers for acceptance into a program leading to a commission or warrant officer appointment.  This includes ROTC.

10.  Army Regulation 635-5-1 (SPD Codes) provides, in pertinent part, that soldiers separated in accordance with AR 635-200, chapter 16-2 will be assigned the SPD of KGX.

11.  Army Regulation 601-280 (Army Retention Program) provides, in pertinent part, that recoupment of an unearned bonus is not required if the soldier is separated to permit acceptance of a commission or to enter a program leading to a commission.

12.  Army Regulation 600-8-22 (Military Awards), provides, in pertinent part, that the Humanitarian Service Medal is awarded to members who distinguished themselves by meritorious direct participation in a Department of Defense approved significant military act or operation of a humanitarian nature.  A service member must be on active duty at the time of direct participation, must have directly participated in the humanitarian act or operation within the designated geographical area of operation and within specified time limits, and must provide evidence that substantiates direct participation.

CONCLUSIONS:

1.  The evidence of record indicates the applicant was separated for the purpose of entering the Green to Gold Program, however, an administrative error reflecting the incorrect authority and SPD code was entered on his DD Form 214. It is the opinion of this Board, that the erroneous separation authority and SPD code on his DD Form 214 should be corrected to show that the separation authority is Army Regulation 635-200 chapter 16-2, the SPD code as KGX, the narrative reason for separation as: acceptance into a program leading to a commission.

2.  The governing regulation instructs that the recoupment of any unearned bonus is not required if the soldier is separated to enter a program leading to a commission.  The applicant entered such a program and therefore any unearned bonus money collected should be returned to him.

3.  While he was on active duty, the applicant was awarded the Humanitarian Service Medal, and is entitled to a correction of his records to show this award.

4.  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:

a.  correcting blocks 25 of DD Form 214 of the individual concerned to read AR 635-200, paragraph 16-2; block 26 to read KGX; and block 28 to read:  acceptance into a program leading to a commission; 

b.  suspending any further collection of his enlistment bonus; 

c.  returning to him any money already collected from him; and 

	d.  showing that he was awarded the Humanitarian Service Medal.

BOARD VOTE:  

___fne___  ___lem__  ___tsk__  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		_________Fred N. Eichorn_________
		        CHAIRPERSON

INDEX

CASE ID	AR2002070539	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20020813	
TYPE OF DISCHARGE	(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)	
DATE OF DISCHARGE	YYYYMMDD	
DISCHARGE AUTHORITY	AR . . . . .  	
DISCHARGE REASON		
BOARD DECISION	GRANT	
REVIEW AUTHORITY		
ISSUES         1.110.02		
2.107.0075		
3.		
4.		
5.		
6.