MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:  

	BOARD DATE:  14 January 2003
	DOCKET NUMBER:  AR2002074574

	I certify that hereinafter is recorded the record of consideration of the Army Board for Correction of Military Records in the case of the above-named individual.

	Mr. Carl W. S. Chun		Director	
	Ms. Joyce A. Wright		Analyst	

  The following members, a quorum, were present:

	Ms. Margaret K. Patterson		Chairperson	
	Ms. Mae M. Bullock		Member	
	Ms. Jennifer L. Prater		Member	

	The Board, established pursuant to authority contained in 10 U.S.C. 1552, convened at the call of the Chairperson on the above date.  In accordance with Army Regulation 15-185, the application and the available military records pertinent to the corrective action requested were reviewed to determine whether to authorize a formal hearing, recommend that the records be corrected without a formal hearing, or to deny the application without a formal hearing if it is determined that insufficient relevant evidence has been presented to demonstrate the existence of probable material error or injustice.

	The applicant requests correction of military records as stated in the application to the Board and as restated herein.

	The Board considered the following evidence:

	Exhibit A - Application for correction of military 
                records
	Exhibit B - Military Personnel Records (including
	            advisory opinion, if any)

APPLICANT REQUESTS:  In effect, that item 26 (Separation Code) of his DD Form 214 (Certificate of Release or Discharge from Active Duty) be corrected to show a more favorable Separation Program Designator (SPD) code.

APPLICANT STATES:  That the SPD Code of "KDB" was placed in error.  He
attempted to have it corrected prior to his separation from active duty; however, his time was limited.  In support of his application, he submits a copy of his DD Form 214.

EVIDENCE OF RECORD:  The applicant's military records show he enlisted 
on 18 January 1989, as a medical supply specialist.  He continued to serve through a series of continuous reenlistments.

The facts and circumstances pertaining to the applicant’s release from active duty are not present in the available records.  However, his DD Form 214 shows that on 9 November 2000, he was released from active duty under the provisions of Army Regulation 635-200, paragraph 6-3a due to hardship.  He had a total of 11 years, 9 months, 22 days of creditable service.  He was issued an SPD code of "KDB."

Army Regulation 635-200 sets forth the basic authority for the separation of enlisted personnel.  Chapter 6 of that regulation provides, in pertinent part, for the separation of personnel because of genuine dependency or hardship.  
Separation under this chapter is for the "Convenience of the Government."  
An application for such separation will be approved when a service member can substantiate that his/her situation or immediate family's situation has been aggravated to an excessive degree since enlistment, that the condition is not temporary, and that discharge will improve the situation.

Paragraph 6-3a, provides for the separation for dependency.  Dependency exists when death or disability of a member of a soldier’s (or spouse’s) immediate family causes that member to rely upon the soldier for principal care or support.  

Army Regulation 635-5-1, in effect at that time, prescribed 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.  The regulation shows that the separation program designator (SPD) "KDB", as shown on the applicant’s DD Form 214, is appropriate for voluntary discharge when the narrative reason for discharge is
"Hardship" and that the authority for discharge under this SPD is "Army Regulation 635-200, paragraph 6-3a."

DISCUSSION:  Considering all the evidence, allegations, and information presented by the applicant, together with the evidence of record, applicable law and regulations, it is concluded:

1.  In the absence of evidence to the contrary, it must be presumed that the applicant’s administrative separation was accomplished in compliance with applicable regulations with no procedural errors, which would tend to jeopardize his rights.  

2.  The type of separation directed and the reasons for that separation were appropriate considering all of the available facts of the case.

3.  The applicant was separated and assigned an SPD code in accordance with regulations.  The applicant has also failed to show, through the evidence submitted with his application or the evidence of record, that the SPD code of
"KDB" issued to him was incorrect.

4.  In order to justify correction of a military record the applicant must show 
to the satisfaction of the Board, or it must otherwise satisfactorily appear, that 
the record is in error or unjust.  The applicant has failed to submit evidence
that would satisfy this requirement.

5.  In view of the foregoing, there is no basis for granting the applicant's request.

DETERMINATION:  The applicant has failed to submit sufficient relevant evidence to demonstrate the existence of probable error or injustice.

BOARD VOTE:

________  ________  ________  GRANT

________  ________  ________  GRANT FORMAL HEARING

__mp___  __mb___  ___jp___  DENY APPLICATION

		    Carl W. S. Chun
		    Director, Army Board for Correction
    of Military Records

INDEX

CASE ID	AR2002074574	
SUFFIX		
RECON		
DATE BOARDED	20030114	
TYPE OF DISCHARGE	HD	
DATE OF DISCHARGE	20001109	
DISCHARGE AUTHORITY	AR 635-200, parag 6-3a	
DISCHARGE REASON		
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.	191	
2.		
3.		
4.		
5.		
6.