PROCEEDINGS

	IN THE CASE OF:       

	BOARD DATE:            10 June 2003   
	DOCKET NUMBER:    AR2003083978

	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. Samuel A. Crumpler  		Chairperson	
	Ms. Shirley L. Powell		Member	
	Mr. John T. Meixell		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 entered on his 16 October 2002 separation document (DD Form 214) be corrected.  

3.  The applicant states, in effect, the SPD code entered in Item 26 (Separation Code) of the DD Form 214 issued to him upon his separation on 16 October 2002 should read VBK, to indicate he was a recalled retiree reverting to the Retired List, instead of the MBK code that is currently listed.  He claims that the incorrect SPD code was entered because he separated in the middle of a month. 

4.  The applicant’s military records show that he was released from active duty (REFRAD), for the purpose of voluntary early retirement on 31 October 1995.  It also shows that he was placed on the Retired List, in the rank and pay grade of major/0-4, on the following day, 1 November 1995.  

5.  The DD Form 214 in question was issued to the applicant at the completion of a 6 month and 4 day period of active duty service he completed between 13 April and 16 October 2002.  This document confirms that he was ordered to active duty in support of Operation Noble Eagle under the provisions of Title 10 of the Untied States Code, section 12301D (10 USC 12301D).  It also verifies that he was separated by reason of completion of required active service, and that he was assigned a SPD code of MBK.  

6.  10 USC 12301D provides the legal authority, in time of war or of national emergency declared by Congress or when otherwise authorized by law, for an authority designated by the Secretary concerned to order a member of a Reserve Component under his jurisdiction to active duty, or retain him on active duty, with the consent of that member.

7.  Army Regulation 600-8-24 prescribes the officer transfers from active duty to the Reserve Component and discharge functions for all officers on active duty for 30 days or more.  It provides principles of support, standards of service, policies, tasks, rules, and steps governing all work required to support officer transfers and discharges.  Paragraph 2-7 provides the rules for processing voluntary REFRAD due to expiration of active duty commitment.  

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.  The SPD code of MBK is the code authorized for officers REFRAD under the provisions of paragraph 2-7, Army Regulation 600-8-24.  However, the code VBK is the code authorized for use for reversion of recalled retirees to the Retired List on completion of required active service or period to which ordered to active duty.  

CONCLUSIONS:

1.  The Board notes the applicant’s contention that the SPD code listed in his 
16 October 2002 DD Form 214 should be changed to VBK, and it finds this claim has merit.  

2.  By regulation, the SPD code of VBK will be used for recalled retirees reverting to the Retired List at the completion of required active service or period for which ordered to active duty.  Therefore, the Board concludes that it would be appropriate to amend Item 26 (Separation Code) of the applicant’s 16 October 2002 DD Form 214 to read VBK, vice MBK, as is currently listed.  

3.  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 Item 26 (Separation Code) of the 16 October 2002 DD Form 214 of the individual concerned to read “VBK”, vice MBK, as is currently listed; and by providing him a corrected separation document that reflects this change.  

BOARD VOTE:  

__JM__  __SLP___  __SAC__  GRANT AS STATED IN RECOMMENDATION

________  ________  _______ GRANT FORMAL HEARING

________  ________  ______  DENY APPLICATION

		Samuel A. Crumpler 
		 CHAIRPERSON

INDEX

CASE ID	AR2003083978	
SUFFIX		
RECON		
DATE BOARDED	2003/06/DD	
TYPE OF DISCHARGE	HD	
DATE OF DISCHARGE	2002/10/16	
DISCHARGE AUTHORITY	AR 600-8-24	
DISCHARGE REASON	Completion of Required Service 	
BOARD DECISION	GRANT	
REVIEW AUTHORITY		
ISSUES         1.  1021	100.0000	
2.		
3.		
4.		
5.		
6.