PROCEEDINGS

	IN THE CASE OF:  

	BOARD DATE:          6 November 2003     
	DOCKET NUMBER:  AR2003087216

	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. Wanda L. Waller		Analyst	

  The following members, a quorum, were present:

	Mr. Stanley Kelley		Chairperson	
	Mr. Raymond J. Wagner		Member	
	Ms. Mae M. Bullock		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 item 26 (Separation Code) and item 
27 (Reentry Code) on his DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period ending 22 August 1991 be changed.  

3.  The applicant states, in effect, that these items are listed as unknown and he needs to get this information corrected to establish eligibility for veteran benefits.  In support of his application, he submits two undated letters of explanation; a letter, dated 26 September 2002, from the Review Boards Agency in St. Louis, Missouri; a letter, dated 26 August 2002, from the National Personnel Records Center; a DD Form 214 for the period ending 22 August 1991; a DD Form 214 for the period ending 19 November 1993; a DA Form 2-1 (Personnel Qualification Record); and discharge orders, dated 19 November 1993.   

4.  The applicant’s military records show that he enlisted in the Army National 
Guard on 30 January 1990.  He was ordered to active duty on 6 June 1991 for training and was released from active duty on 22 August 1991 based on completion of his period of active duty training.  The applicant was subsequently discharged from the Army National Guard and enlisted in the Regular Army.

5.  Item 26 on the applicant's DD Form 214 for the period ending 22 August 1991 shows the entry, "NA."  

6.  Item 27 on the applicant's DD Form 214 for the period ending 22 August 1991 shows the entry, "NA."  

7.  There is no authorized separation program designator in Army Regulation 635-5-1 based on completion of period of active duty training.

8.  Army Regulation 635-5-1 (Separation Program Designator Codes) prescribes the specific authorities (regulatory, statutory, or other directives), the reasons for the separation of members from active military service, and the separation program designators to be used for these stated reasons.  This regulation states the reason for discharge based on separation code “LBK” is “Expiration term of service” and the regulatory authority is Army Regulation 635-200 (Enlisted Personnel), chapter 4; or Army Regulation 635-100 (Officer Personnel), chapter 3, section XIV.  This separation code is used for an involuntary release or transfer. 

9.  Army Regulation 635-5 establishes the standardized policy for preparing and distributing the DD Form 214.  In pertinent part, it directs that the proper separation program designator representing the reason for separation (Army Regulation 635-5-1) will be entered in item 26.

10.  Army Regulation 635-200 sets forth the basic authority for the separation of enlisted personnel.  Chapter 4 of that regulation provides, in pertinent part, for the discharge or release from active duty upon termination of enlistment, and other periods of active duty or active duty for training.   

11.  Army Regulation 635-5 directs, in pertinent part, that item 27 will contain the entry, "NA" for Army National Guard or U.S. Army Reserve members released after serving on active duty training.

CONCLUSIONS:

1.  The evidence of record supports the applicant's contention that item 26 on his DD Form 214 for the period ending 22 August 1991 should be changed.  The governing regulation states that the proper separation program designator representing the reason for separation will be entered in item 26.  Since the applicant completed his period of active duty training, and there is no authorized separation program designator based on completion of period of active duty training in Army Regulation 635-5-1, the Board concluded that separation program designator "LBK" would be appropriate in this case.  Therefore, item 
26 on the applicant's DD Form 214 for the period ending 22 August 1991 should be corrected to show the entry, "LBK."        

2.  The Board also considered the applicant's contention that item 27 on his DD Form 214 for the period ending 22 August 1991 should be changed.  However, the reentry code used in the applicant’s case is correct and was applied in accordance with the applicable regulations.  

3.  The applicant has failed to show through the evidence submitted or the evidence of record that the reentry code issued to him was in error or unjust. 

4.  In view of the foregoing findings and conclusions, it would be appropriate to correct the applicant’s records but only as recommended below.

RECOMMENDATION:

1.  That all of the Department of the Army records related to this case be corrected:

	a.  by deleting the entry, "NA" in item 26 on the applicant's DD Form 214 for the period ending 22 August 1991; and

	b.  by adding the entry, "LBK" in item 26 on this DD Form 214. 

2.  That so much of the application as pertains to the reentry code be denied.

BOARD VOTE:  

SK_____  RJW____  MMB_____  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		__Stanley Kelley______
		        CHAIRPERSON

INDEX

CASE ID	AR2003087216	
SUFFIX		
RECON		
DATE BOARDED	20031106	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	GRANT	
REVIEW AUTHORITY		
ISSUES         1.	100.0300	
2.		
3.		
4.		
5.		
6.