PROCEEDINGS

	IN THE CASE OF:  

	BOARD DATE:          28 October 2003                    
	DOCKET NUMBER:  AR2003084778

	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	
	Ms. Carolyn Wade		Analyst	

  The following members, a quorum, were present:

	Mr. Raymond J. Wagner		Chairperson	
	Ms. Linda D. Simmons		Member	
	Ms. Marla J. N. Troup		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 her separation program designator (SPD) code, Item 26 of her DD Form 214 (Certificate of Release or Discharge from Active Duty), be corrected.

3.  The applicant states that her SPD code is applicable to someone that is barred from reenlisting.  She provided a copy of her DD Form 214 in support of her request.

4.  The applicant’s military records show that she enlisted in the Regular Army on 24 January 1989 for a period of 4 years and the Training of Choice Enlistment Option -- military occupational specialty (MOS) 91A, Medical Specialist.

5.  The applicant’s DD Form 214 shows that on 22 January 1993 she was released from the Army under the provisions of chapter 4, Army Regulation 635-200 by reason of “expiration term of service” (ETS) with an honorable discharge and was transferred to the United States Army Reserve (USAR) Control Group to complete her military service obligation.  She was credited with 3 years, 11 months, and 29 days of creditable military service.  Her DD Form 214 reflects “ETS” as the narrative reason for separation, with a SPD code of “LBK” and RE code of “RE-1.”  SPD code "LBK" refers to involuntary release from active duty by reason of ETS.

6.  On 28 January 1997, upon completion of her military service obligation, the applicant was honorably discharged from the USAR.

7.  Army Regulation (AR) 635-5-1, Separation Program Designator (SPD) Codes, prescribes the specific authorities (regulatory or other directives), reasons for separating Soldiers from active duty, and the SPD codes to be entered on DD Form 214.  Categories include voluntary or involuntary discharge or release from active duty (REFRAD).  The Office of the Deputy Chief of Staff, G-1 at Headquarters, Department of the Army advised that the regulation prior to August 1993 did not provide an SPD code for the voluntary discharge or voluntary/involuntary REFRAD of Soldiers under the provisions of chapter 4, AR 635-200 by reason of ETS; an SPD code was only provided to cover the situation of involuntary discharge of enlisted Soldiers separated under the provisions of chapter 4, AR 635-200.  This omission was rectified in August 1993 with the now current version of AR 635-5-1.

8.  Army Regulation 635-5-1, now in effect, includes provisions for enlisted soldiers who were voluntarily discharged or REFRAD by reason of “ETS” and eligible to reenlist.  Soldiers voluntarily REFRAD for the purpose of “ETS” are issued an SPD code of MBK and an RE code of RE-1.  The MBK code is used for RA soldiers who are eligible to reenlist, but choose not to do so. 

CONCLUSIONS:

1.  The applicant was a voluntary REFRAD upon serving her initial 4-year period of enlistment; she was not involuntarily REFRAD as her SPD code suggests.

2.  AR 635-5-1, in effect at the time of the applicant's separation, did not provide an SPD code for voluntary REFRAD, only a code of "LBK" for involuntary REFRAD.  The Separation and Transfer Point erroneously gave the applicant this SPD code.

3.  Since there was no appropriate SPD code for the applicant’s reason for REFRAD, this Board has, in similar cases and as an exception to policy, applied the current standard, namely a code of "MBK," to correct the applicant's separation code.

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:

a.  By issuing to the individual concerned a DD Form 215 (Correction to DD Form 214) deleting the SPD code of "LBK" in Item 26 of her DD Form 214 and entering, as an exception to policy, the SPD code of "MBK;" and 

b.  By placing in the Item 18 (Remarks) the statement “Release from active duty by reason of expiration term of service is considered voluntary."

BOARD VOTE:  

__rjw___  __lds___  __mjnt__  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

			Raymond J. Wagner
		______________________
		        CHAIRPERSON

INDEX

CASE ID	AR2003084778	
SUFFIX		
RECON		
DATE BOARDED	20031028	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	(GRANT)	
REVIEW AUTHORITY		
ISSUES         1.	100.000	
2.		
3.		
4.		
5.		
6.