PROCEEDINGS

	IN THE CASE OF:  

	BOARD DATE:           2 April 2002                  
	DOCKET NUMBER:   AR2001064339

	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	
	Mr. Joseph A. Adriance		Analyst	

  The following members, a quorum, were present:

	Mr. Walter T. Morrison		Chairperson	
	Mr. Curtis L. Greenway		Member	
	Ms. Regan K. Smith		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 the Separation Program Designator (SPD) entered in her separation document (DD Form 214) be corrected.  

3.  The applicant states, in effect, that as a result of the incorrect SPD code assignment and entry into her separation document, she received a notice of debt in the amount of $21,655.11 from the Defense Finance and Accounting Service (DFAS), Denver, Colorado.  She claims that, she was authorized to receive a Special Separation Benefit (SSB) payment of $22,000.00 at separation, but because of the assignment of the incorrect SPD code number, DFAS officials continue to indicate, she is indebted to the government. 

4.  The applicant’s military records show that on 28 January 1992, while serving on active duty as a specialist/E-4 (SPC/E-4), at Fort Ord, California, the applicant requested that, she be separated from active duty under the provisions of paragraph 16-8, Army Regulation 635-200, with a SSB.

5.  On 2 March 1992, the separation authority approved the applicant’s request and directed her honorable separation.  On 6 March 1992, she was released from active duty (REFRAD) accordingly.  At the time of her separation, she held the rank and pay grade of specialist/E-4 (SPC/E-4) and, she had completed a total of 12 years, 8 months, and 17 days of active military service. 

6.  The DD Form 214 issued to the applicant on the date of her separation confirms that; she was separated under the provisions of paragraph 16-8, Army Regulation 635-200, by reason of the Fiscal Year (FY) 1992 (92) Enlisted Voluntary Early Transition Program.  Item 18 (Remarks) of this document also verifies that the applicant was entitled to receive a SSB payment of $22,000.00 upon her separation.  However, Item 26 (Separation Code) contains the entry “JCC”, which was the SPD code assigned at separation.  

7.  In response to an inquiry from the applicant, on 12 February 2000, a DFAS, Denver, military pay technician, notified the applicant that her debt of $21,655.11, was valid.  It also indicated that the applicant had received a final payment of $22,288.27, but was only entitled to receive $633.16.  It further stated that the DD Form 214 issued to the applicant indicated, she was due a SSB payment of $22,000.00; however, the SPD code JCC assigned, which is applicable to members separated under reduction in force provisions without a SSB, did not authorize this payment.  It further advised the applicant, she could apply to this Board for relief if, she believed that the SPD code that was assigned and entered in her separation document was in error.  

8  Army Regulation  635-5-1 (SPD Codes) provides the specific authorities (regulatory or directive), reasons for separating soldiers from active duty, and the SPD codes to be entered on the DD Form 214.  This regulation identifies the SPD code of MCB as the proper code to assign to members separating under the provisions of paragraph 16-8, Army Regulation 635-200, by reason of an Early Release Program with a SSB.  

CONCLUSIONS:

1.  The Board notes the applicant’s contention that the wrong SPD code was entered in her separation document, and it finds this claim has merit.  The evidence of record confirms that the applicant requested separation with a SSB and that this request was approved by the appropriate separation authority.  

2.  Based on her approved separation under the FY92 Early Separation Program, the applicant was authorized to receive a SSB of $22,000.00.  However, an incorrect SPD code was entered in the applicant’s separation document, which did not authorize the SSB payment.  As a result, the applicant erroneously became indebted to the government.  

3.  By regulation, MCB is the appropriate SPD code to assign members separated under an Early Separation Program with a SSB.  Therefore, the Board concludes that it would be appropriate to correct the applicant’s separation document by deleting the current SPD code of JCC and replacing it with the correct SPD code of MCB.  

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 by amending the separation document of the individual concerned by deleting the current “JCC” entry in Item 26 (Separation Code) and replacing it with the correct entry of “MCB”; by correcting her finance records to show entitlement to a $22,000.00 SSB payment at separation and making any resultant adjustments to her pay record; and by providing her a corrected separation document that reflects this change. 

BOARD VOTE:  

__WTM__  __CLG__  __RKS__  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		____Walter T Morrison___
		        CHAIRPERSON

INDEX

CASE ID	AR2001064339	
SUFFIX		
RECON		
DATE BOARDED	2002/04/02	
TYPE OF DISCHARGE	HD	
DATE OF DISCHARGE	1992/03/06	
DISCHARGE AUTHORITY	AR 635-200 C16	
DISCHARGE REASON	FY92 EarlySepProg-SSB	
BOARD DECISION	GRANT	
REVIEW AUTHORITY		
ISSUES         1.  283	128.0000	
2.		
3.		
4.		
5.		
6.