PROCEEDINGS

	IN THE CASE OF:        

	BOARD DATE:            22 September 1999
	DOCKET NUMBER:   AR1999015733

	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. Loren G. Harrell		Director	
	Mr. Jessie B. Strickland		Analyst	

The following members, a quorum, were present:

	Mr. Ernest M. Willcher		Chairperson	
	Mr. Melvin H. Meyer		Member	
	Ms. Barbara J. Ellis		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 his report of separation (DD Form 214) be corrected to show the correct separation code.

3.  The applicant states, in effect, that he was authorized separation pay at the time of his separation; however, he received notice from the Defense Finance and Accounting Service (DFAS) that the separation code contained on his DD Form 214 did not authorize payment of separation pay and that he must reimburse the government for the overpayment he received. 

4.  The applicant’s military records show that he enlisted on 5 July 1990 and was promoted to the pay grade of E-4 on 1 February 1992.  He continued to serve as a track vehicle repairer until he was honorably released from active duty on 12 July 1997 under the provisions of Army Regulation 635-200, chapter 4, due to completion of required service.  He had served 7 years and 8 days of total active service and was issued an RE Code of “MBK”.

5.  On 12 May 1998 the DFAS in Denver, Colorado notified the applicant by letter that his DD Form 214 contained a separation code which did not authorize the one-half separation pay that was authorized on his separation documents.  The DFAS provided him the form and information necessary to apply to this Board.

6.  Army Regulation 601-280 provides the policies and criteria for reenlistment.  It states, in pertinent part, that personnel serving in the pay grade of E-4 can only serve a maximum of 8 years and 29 days of active Federal service (AFS).  This restriction of service is known as a retention control point (RCP).  The minimum number of years a person may reenlist for is 2 years

7.  Department of the Army Circular 635-92-1 outlines the eligibility criteria for separation pay.  It states, in pertinent part, that soldiers denied continuation on active duty under established RCP provisions and separated at ETS are authorized separation pay.  Soldiers who cannot reenlist to reach their RCP due to having more service than will allow for the minimum reenlistment period are not required to do so in order to receive separation pay.

8.  Army Regulation 635-5-1 implements Department of Defense (DOD) policy for standardization of entries on the DD Form 214 and provides the separation codes to be used and the authorities and reasons for their usage and control.  It states, in pertinent part, that enlisted soldiers denied continued service who are separated at ETS due to reaching their RCP will receive separation code “JBK”.

CONCLUSIONS:

1.  Although it cannot be determined by the Board based on the available records the exact amount of separation pay the applicant received, he was properly discharged with entitlement to separation pay in accordance with the applicable regulations. 

2.  The applicant had over 7 years of AFS and therefore was ineligible to reenlist for the minimum 2-year reenlistment.  Therefore, he was not required to serve to his 8-year RCP in order to receive separation pay.

3.  However, it appears than an administrative error resulted in his being issued a separation code that did not allow the DFAS to pay him the separation pay he should have received.  Therefore, it would be in the interest of justice to correct his records to show that he was issued a separation code of “JBK” and that he is entitled to be reimbursed any separation pay that has been recouped from him as a result of the error.

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 in the interest of justice by showing that the individual concerned was issued a separation code of “JBK” and that he is entitled to be reimbursed of any and all separation pay that was recouped as a result of the incorrect separation code.

BOARD VOTE:  

___ew___  ___be___  __mm___  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		____Ernest M. Willcher_____
		        CHAIRPERSON

INDEX

CASE ID	AR1999015733	
SUFFIX		
RECON		
DATE BOARDED	1999/09/23	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	GRANT	
REVIEW AUTHORITY		
ISSUES         1.  291 	128.0800/sep pay	
2.  189 	110.0000/corr 214	
3.		
4.		
5.		
6.