MEMORANDUM OF CONSIDERATION

	IN THE CASE OF

	BOARD DATE:            1 July 2003   
	DOCKET NUMBER:    AR2003083543

	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	
	Mr. Joseph A. Adraince		Analyst	

  The following members, a quorum, were present:

	Mr. Ted Kanamine R 		Chairperson	
	Mr. Melvin H. Meyer 		Member	
	Ms. Karen Y. Fletcher		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 the KGX Separation Program Designator (SPD) code he was assigned upon separation be changed to MCF.  

APPLICANT STATES:  In effect, that he was voluntarily discharged based on his acceptance of a Reserve Officer Training Corps (ROTC) Green to Gold Scholarship, which stipulates that he attend college and complete his bachelor’s degree.  The KGX code suggests that he is attending the United States Military Academy (USMA) or a warrant officer school.  The MCF code would more accurately show that he is attending a public university.  

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

On 27 July 2000, he was released from active duty (REFRAD) and transferred to the United States Army Reserve (USAR) Control Group (ROTC).  The separation document (DD Form 214) issued to the applicant confirms that at the time of his separation, he held the rank and pay grade of specialist/E-4, and he had completed 1 year and 11 months of active military service.  

The DD Form 214 also confirms that the authority for the applicant’s separation was paragraph 16-2, Army Regulation 635-200, and the reason was to enter an officer training program.  It also shows that based on this authority and reason for separation, he was assigned the SPD code of KGX.  The applicant authenticated this document with his signature; thereby verifying that the information contained therein was correct at the time the separation document was prepared and issued. 

Army Regulation 635-200 sets forth the basic authority for the separation of enlisted personnel.  Paragraph 16-2 contains the policy for separation based on acceptance into a program leading to a commission or warrant officer appointment.  It states, in pertinent part, that soldiers may be separated for the purpose of acceptance into a program leading to a commission or warrant officer appointment in any branch of the Armed Services.  It further stipulates that this includes ROTC.  

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 MCF is the appropriate code for the applicant based on the guidance provided in this regulation for soldiers separating under the provisions of paragraph 2-15, 
Army Regulation 600-8-24, based on a service member being separated to attend school. The SPD code of KGX was the appropriate code for the applicant based on the guidance provided in this regulation for soldiers separating under the provisions of paragraph 16-2, Army Regulation 635-200, based on entering a program leading to a commission or warrant officer appointment.  

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 request that his SPD code be changed, but it finds an insufficient evidentiary basis on which to grant this relief.  The evidence of record includes a properly constituted DD Form 214 that contains the authority and reason for the applicant’s separation, which he authenticated with his signature.  This document confirms that he was separated under the provisions of paragraph 16-2. Army Regulation 635-200, and was appropriately assigned the SPD code of KGX.

2.  The Board is also satisfied that all requirements of law and regulation were met and that the rights of the applicant were fully protected throughout the separation process. The record also shows that the applicant was properly assigned the SPD code of KGX in accordance with the applicable regulation based on the authority and reason for his separation.  

3.  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. 

4.  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

KF___  __MM__  _TK_  DENY APPLICATION

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

INDEX

CASE ID	AR2003083543	
SUFFIX		
RECON		
DATE BOARDED	2003/06/DD	
TYPE OF DISCHARGE	HD	
DATE OF DISCHARGE	2000/07/27	
DISCHARGE AUTHORITY	AR 635-200 Para 16-2	
DISCHARGE REASON	Enter Officer Training Program	
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.  4	100.0300	
2.		
3.		
4.		
5.		
6.