BOARD DATE: 14 September 2017 DOCKET NUMBER: AR20160000107 BOARD VOTE: ____x_____ ___x____ ____x____ GRANT FULL RELIEF ________ ________ ________ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING ________ ________ ________ DENY APPLICATION 2 Enclosures 1. Board Determination/Recommendation 2. Evidence and Consideration BOARD DATE: 14 September 2017 DOCKET NUMBER: AR20160000107 BOARD DETERMINATION/RECOMMENDATION: The Board determined the evidence presented is 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 amending the following items of his DD Form 214 for the period ending 30 November 2015 to show: * item 23 – RETIREMENT * item 25 – ARMY REGULATION 635-200, CHAPTER 12 * item 26 – RBD * item 27 – 4R * item 28 – SUFFICIENT SERVICE FOR RETIREMENT ______________x___________ CHAIRPERSON I certify that herein is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in this case. BOARD DATE: 14 September 2017 DOCKET NUMBER: AR20160000107 THE BOARD CONSIDERED THE FOLLOWING EVIDENCE: 1. Application for correction of military records (with supporting documents provided, if any). 2. Military Personnel Records and advisory opinions (if any). THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE: 1. The applicant requests correction of item 26 (Separation Code) of his DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period ending 30 November 2015. 2. The applicant states: a. He completed 20 years, 2 months, and 2 days of active duty service in the Army. b. His DA Form 1506 (Statement of Service – For Computation of Length of Service for Pay Purposes) was generated on 2 July 2009. At that time, the form showed he completed 13 years, 8 months, and 13 days of active Federal service. He did not realize this service had nothing to do with his active service for retirement. c. When he went to the transition office, he was told he only had 18 years of active Federal service. He submitted documentation showing he completed the requirements for retirement. Since the documents were submitted too close to his release date, his command would not change his active service computation. d. He wants his separation code changed to NBD (apparently he means RBD since NBD is not an authorized separation code) instead of MBK to allow his retirement. 3. The applicant provides: * DD Form 214 for the period ending 30 November 2015 * DA Form 1506 CONSIDERATION OF EVIDENCE: 1. The applicant was born on 17 December 1953. Having prior enlisted service in the Regular Army and U.S. Army Reserve (USAR), he enlisted in the USAR on 29 September 1992. On 30 July 2007, he was ordered to active duty in an Active Guard Reserve status. 2. He provided a DA Form 1506, dated 2 July 2009, showing he completed 13 years, 8 months, and 13 days of active Federal service and 24 years, 9 months, and 28 days of total creditable service. 3. He was honorably released from active duty on 30 November 2015 after completing over 20 years of active Federal service. His DD Form 214 for the period ending 30 November 2015 shows in: * item 12b (Separation Date This Period) – 30 November 2015 * item 12c (Net Active Service This Period) – 8 years, 4 months, and 1 day * item 12d (Total Prior Active Service) – 11 years, 9 months, and 1 day * item 23 (Type of Separation) – "RELEASE FROM ACTIVE DUTY" * item 25 (Separation Authority) – Army Regulation 635-200, chapter 4 * item 26 – MBK * item 27 (Reentry Code (RE)) – 1 * item 28 (Narrative Reason for Separation) – "COMPLETION OF REQUIRED ACTIVE SERVICE" 4. U.S. Army Human Resources Command Orders C-01-690285, dated 6 January 2016, released him from active duty on 30 November 2015 and placed him on the Retired List effective 1 December 2015. These orders show: * Date Initially Entered Military – 25 February 1978 * Voluntary Retirement – 20 years, 0 months, and 16 days * Basic Pay – 35 years, 0 months, and 14 days * Section 1405 Service – 21 years, 9 months, and 2 days 5. On 9 February 2016, he was honorably discharged from the USAR. REFERENCES: 1. Army Regulation 635-200 (Active Duty Enlisted Administrative Separations) sets forth the requirements and procedures for the administrative discharge of enlisted personnel. a. Chapter 4 (Separation for Expiration of Service Obligation) provides for discharge or release from active duty upon termination of enlistment and other periods of active duty or active duty for training. b. Chapter 12 (Retirement for Length of Service) provides for voluntary retirement of Soldiers because of length of service and governs the retirement of Soldiers (Active Army, Army National Guard, and USAR) who are retiring in their enlisted status. 2. Army Regulation 601-210 (Active and Reserve Components Enlistment Program) covers eligibility criteria, policies, and procedures for enlistment processing into the Regular Army, USAR, and Army National Guard. Chapter 3 prescribes basic eligibility for prior-service applicants for enlistment and includes a list of Armed Forces RE codes. * RE-1 applies to persons completing an initial term of active service who were fully qualified when last separated * RE-3 applies to persons who are not considered fully qualified for reentry or continuous service at the time of separation, but the disqualification is waivable * RE-4R applies to persons who retired for length of service with 15 or more years active Federal service – they are ineligible for enlistment 3. Army Regulation 635-8 (Separation Processing and Documents) prescribes policy and procedural guidance relating to transition management. It consolidates the policies, principles of support, and standards of service regarding processing personnel for transition. For enlisted personnel, the following terms are authorized for item 23 of the DD Form 214: * RELEASE FROM ACTIVE DUTY * DISCHARGE * RETIREMENT * RELEASE FROM ACTIVE DUTY AND ORDER TO ACTIVE DUTY IN ANOTHER STATUS * RELEASE FROM ACTIVE DUTY FOR TRAINING * RELEASE FROM CUSTODY AND CONTROL OF THE ARMY * RELEASE FROM ACTIVE DUTY FOR TRAINING AND DISCHARGE FROM THE RESERVE OF THE ARMY AND RETURN TO THE ARMY NATIONAL GUARD 4. Army Regulation 635-5-1 (Separation Program Designator (SPD) Codes) prescribes the specific authorities (statutory or other directives), reasons for separating Soldiers from active duty, and the SPD codes to be entered on the DD Form 214. a. SPD code MBK applies to Soldiers separated under the provisions of Army Regulation 635-200, chapter 4, for "completion of required active service." b. SPD code RBD applies to Soldiers separated under the provisions of Army Regulation 635-200, chapter 12, for "sufficient service for retirement." 5. The SPD/RE Code Cross Reference Table, dated 15 June 2006, shows that Soldiers assigned an SPD code of RBD will be assigned an RE code of 4R. DISCUSSION: 1. The applicant retired from active Federal service on 30 November 2015 and he was placed on the Retired List effective 1 December 2015. 2. His DD Form 214 for the period ending 30 November 2015 shows he was honorably released from active duty on 30 November 2015 for completion of required active service under the provisions of Army Regulation 635-200, chapter 4, and assigned a separation code of MBK with a corresponding RE code of 1. 3. Based on the evidence of record, his DD Form 214 for the period ending 30 November 2015 should show the following entries: * item 23 – RETIREMENT * item 25 – ARMY REGULATION 635-200, CHAPTER 12 * item 26 – RBD * item 27 – 4R * item 28 – SUFFICIENT SERVICE FOR RETIREMENT //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20160000107 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20160000107 4 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2