PROCEEDINGS

	IN THE CASE OF:       

	BOARD DATE:            19 June 2003
	DOCKET NUMBER:   AR2003084302

	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. Jessie B. Strickland		Analyst	

The following members, a quorum, were present:

	Mr. John N. Slone		Chairperson	
	Ms. Lana E. McGlynn		Member	
	Mr. William D. Powers		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 he be paid full separation pay.

3.  The applicant states, in effect, that at the time of separation processing he was told that he was entitled to full separation pay; however, when he was finally discharged, he only received one-half separation pay.  He goes on to state that he has talked to others in similar circumstances who received full separation pay and all attempts to resolve the matter have met with negative results. 

4.  The applicant’s military records show that he enlisted on 7 January 1992 for a period of 5 years and training as an administrative specialist.  He completed his training and remained on active duty through a series of continuous reenlistments.  He was advanced to the pay grade of E-4 on 1 July 1993 and on 19 January 2001, he extended his enlistment for a period of 2 months to reach the retention control point (RCP) for his grade.  His new expiration of term of service was established as 15 January 2002.

5.  Accordingly, he was honorably discharged on 15 January 2002, under the provisions of Army Regulation 635-200, chapter 4, due to completion of required active service.  He had served 10 years and 9 days of total active service and was issued a separation (SPD) code of "KBK."  His separation orders indicate that he was authorized one-half separation pay.

6.  Army Regulation 635-5-1 provides the Separation Program Designator (SPD) Codes that are used with various authorities for separation that are to be entered on the DD Form 214 at the time of separation.  It provides, in pertinent part, that the SPD Code of "KBK" is used when the authority for voluntary discharge is Army Regulation 635-200, chapter 4, due to "Completion of Required Service" for Regular Army soldiers eligible to reenlist, who are discharged on completion of enlistment.  The SPD Code of "JBK" is used when the authority for involuntary discharge is Army Regulation 635-200, chapter 4, due to "Completion of Required Active Service" for Regular Army soldiers ineligible for, barred from, or otherwise denied reenlistment, who are separated upon completion of enlistment. 

7.  Department of the Army Circular 635-92-1 outlines the eligibility criteria for separation pay.  It provides, in pertinent part, that full separation pay is authorized for soldiers who are fully qualified for retention but are denied reenlistment under established RCP provisions and are separated on the expiration of their term of service (ETS), after having served at least 6 years of active duty service.  A soldier who is ineligible for reenlistment due to RCP is not required to request extension up to the RCP as a prerequisite for separation pay.

CONCLUSIONS:

1.  The Board finds that the applicant was improperly separated with a SPD Code of KBK, which indicates a voluntary discharge of a soldier fully eligible to reenlist. However, such was not the case because the applicant was ineligible to reenlist due to having reached the maximum RCP for his grade.  Accordingly, his discharge was involuntary and he should have been issued a SPD Code of "JBK", indicating that he was not eligible for continuation on active duty. 

2.  Consequently, the applicant was unjustly denied full separation pay as a result of this administrative error.

3.  Therefore, the Board finds that his SPD Code should be changed to reflect a code of "JBK" and entitlement to full separation pay.

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 showing that the applicant was issued a SPD Code of "JBK" in lieu of the SPD Code of "KBK" now held by him and that he be authorized full separation pay for his service.

BOARD VOTE:  

___js ___  __wdp___  __lem___  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		_____John N. Slone______
		        CHAIRPERSON

INDEX

CASE ID	AR2003084302	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	2003/06/19	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	GRANT	
REVIEW AUTHORITY		
ISSUES         1.  291	128.0800/sep pay	
2.		
3.		
4.		
5.		
6.