RECORD OF PROCEEDINGS

	IN THE CASE OF:  

	BOARD DATE:            13 January 2004   
	DOCKET NUMBER:   AR2003091784

	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	
	Mrs. Nancy L. Amos		Analyst	

  The following members, a quorum, were present:

	Ms. Lana E. McGlynn		Chairperson	
	Mr. Roger W. Able		Member	
	Mr. Patrick H. McGann		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).

THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:  

1.  The applicant requests that his separation program designator (SPD) code on his DD Form 214 (Certificate of Release or Discharge from Active Duty) be changed to a code that will allow the Defense Finance and Accounting Service (DFAS) to pay him his authorized half-separation pay.

2.  The applicant states that the transition point entered the wrong SPD on his DD Form 214.  As a result, DFAS will not pay him separation pay.

3.  The applicant provides his separation orders; his DD Form 214; a memorandum for record dated 27 June 2003 from the Chief, Transition Center, Fort Meyer, VA; and two emails, dated 29 May 2003 and 27 June 2003, from the Chief, Transition Center, Fort Meyer, VA

CONSIDERATION OF EVIDENCE: 

1.  The applicant's military service records are not available.  This case is being considered using reconstructed records, which primarily consist of his DD Form 214 and separation orders.  

2.  The applicant enlisted in the Regular Army on 21 February 1992.  He was promoted to Corporal, E-4 on 8 May 1998.  He was involuntarily discharged as a result of exceeding his retention control point on 27 April 2003 upon completing his required active service.  He had completed 11 years, 2 months, and 7 days of creditable active service with no lost time.  

3.  The applicant's separation orders show he was entitled to half separation pay. His DD Form 214 shows he was entitled to half involuntary separation pay.  Item 26 (Separation Code) of his DD Form 214 shows his SPD as MBK.

4.  Army Regulation 601-280 (Army Retention Program) states that the retention control point for an E-4 (not promotable) is 10 years of total active service.

5.  Army Regulation 635-5-1 (Separation Program Designator (SPD) Codes) states that SPD MBK is given when the reason for separation is voluntary release from active duty or transfer upon completion of required active service and is used for Regular Army soldiers eligible to reenlist.  SPD JBK is given when the reason for separation is involuntary discharge upon completion of required active service and is used for Regular Army soldiers ineligible for, barred from, or otherwise denied reenlistment who are separated on completion of enlistment.  

6.  The Department of Defense Financial Management Regulation (DODFMR) provides for the payment of half separation pay when a service member is involuntarily separated from active duty and who has completed at least 6 years but less than 20 years active service; the member's separation is characterized as honorable or general; the member did not separate at his or her own request; and the member is not fully qualified for retention and is denied reenlistment under any of several conditions, including expiration of service obligation.

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record shows the incorrect SPD was entered on the applicant's DD Form 214.  

2.  SPD MBK was entered on the applicant's DD Form 214, which is given to soldiers who are voluntarily released from active duty or transferred upon completion of required active service and is used for Regular Army soldiers eligible to reenlist.

3.  SPD JBK is given when the reason for separation is involuntary discharge upon completion of required active service and is used for Regular Army soldiers ineligible for, barred from, or otherwise denied reenlistment who are separated on completion of enlistment.  The applicant was involuntarily discharged upon the completion of his required active service and he was a Regular Army soldier who was not eligible to reenlist due to reaching his retention control point.  SPD JBK should have been entered on his DD Form 214.

4.  Because the applicant was not given the correct SPD code of JBK, indicating he was involuntarily discharged, DFAS would not pay him the half separation pay he was authorized.

BOARD VOTE:

__lem___  __rwa___  __phm___  GRANT RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The Board determined that the evidence presented was sufficient to warrant a recommendation for relief.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by:

     a.  amending his DD Form 214 to show his SPD as JBK; and

     b.  paying to him half separation pay once his DD Form 214 is amended as indicated above.

		__Lana E. McGlynn_____
		        CHAIRPERSON

INDEX

CASE ID	AR2003091784	
SUFFIX		
RECON		
DATE BOARDED	20040113	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	GRANT	
REVIEW AUTHORITY	Mr. Schneider	
ISSUES         1.	110.00	
2.	128.14	
3.		
4.		
5.		
6.