ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 4 October 2019 DOCKET NUMBER: AR20170014443 APPLICANT REQUESTS: correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) item 26 (Separation Code). APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * Memorandum for Commander * DD Form 214 * Consent Form (Inquiry Congress) * Letter to Congressional Liaison FACTS: 1. The applicant did not file within the three year time frame provided in Title 10, United States Code (USC), section 1552(b); however, the Army Board for Correction of Military Records (ABCMR) conducted a substantive review of this case and determined it is in the interest of justice to excuse the applicant's failure to timely file. 2. The applicant states he is entitled to full separation pay but the separation code on his DD Form 214 was entered incorrectly. The separation code should read JBK, completion of required active service instead of JGH, non retention on active duty. He states he was a contractor in Korea for two years and had no help with direction to get it fixed. He enclosed a letter from Mr. X__ the person who processed his DD Form 214. 3. The applicant provides: a. Memorandum for Commander, HRC-Fort Knox, from Mr. X__ dated 24 February 2014, Transition Processing Specialist, that requested data in items 26 (Separation Code) and item 28 (Narrative Reason for Separation) be corrected on applicant’s DD Form 214. b. Letter from Congresswoman dated 18 September 2017 written on behalf of her constituent for the correction of his DD Form 214 regarding the narrative reason for his separation and the RE code. 4. A review of the applicant’s service record shows the following: a. After a previous period of active duty that ended 1 December 2005, he enlisted in the Regular Army on 8 June 2010 for 3 years and 18 weeks. b. ERB dated 28 July 2013 shows a Flag Code of KA for noncompliance Army Body Composition Program, and his expiration term of service (ETS) date AS 11 October 2013. c. A DD Form 214 shows he was honorably discharged on 11 October 2013. Block 25 (Separation Authority) shows Army Regulation 635-200, chapter 4; block 26 (Separation Code) shows JGH; block 27 (Reentry code) shows RE 3; and block 28 (Narrative Reason for Separation) shows non retention on active duty. 5. By Amy Regulation 635-5-1 (Separation Program Designator (SPD) Codes) provides for the completion of block 26: Separation Code. Obtain the correct entry from AR 635- 5-1, which provides the corresponding SPD code for the regulatory authority and reason for separation 6. Army Regulation 635-8 (Separation Processing and Documents): * item25 (Separation Authority). Obtain correct entry from regulatory directives authorizing the separation * item 26 (Separation Code). Obtain the correct entry from AR 635-5-1, which provides the corresponding SPD code for the regulatory authority and reason for separation. SPD codes are “For Official Use Only” and are not released outside DA. DOD Directive (DODD) 5400.07 will be used to deny the release of SPD code lists to the public. Only individual being separated is entitled access to his or her SPD code. It is not intended that these codes stigmatize an individual in any manner. * item 27 (Reentry Code) Army Regulation 601-210 determines reentry eligibility and provides regulatory guidance on reentry codes. * item 28 (Narrative Reason for Separation). This is based on regulatory or other authority and can be checked against the cross reference in Army Regulation 635-5-1. 7. The DD Form 214 is a summary of the Soldier’s most recent period of continuous active duty. It provides a brief, clear-cut record of all current active, prior active and prior inactive duty service at the time of release from active duty, retirement, or discharge. The information entered thereon reflects the conditions as they existed at the time of separation. The ABCMR limits corrective action to documents that can be individually reviewed after a Soldier’s separation, such as the DD Form 214. BOARD DISCUSSION: After reviewing the application and all supporting documents, the Board found relief was not warranted. The applicant’s contentions were carefully considered. Evidence of record shows he was flagged from personnel actions (including reenlistment) prior to his ETS date; there is no evidence the flag was removed, and he was allowed to reenlist. A Flag on his record upon separating at the time of his ETS shows the involuntarily separation was just. Notwithstanding the letter from the transition processing specialist, the Board agreed he could not ETS and have an involuntary separation at the same time, as an ETS separation is voluntary. The Board determined there is insufficient evidence to grant relief. BOARD VOTE: Mbr 1 Mbr 2 Mbr 3 : : : GRANT FULL RELIEF : : : GRANT PARTIAL RELIEF : : : GRANT FORMAL HEARING X X X DENY APPLICATION BOARD DETERMINATION/RECOMMENDATION: The evidence presented does not demonstrate the existence of a probable error or injustice. Therefore, the Board determined the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned. 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. REFERENCES: 1. Title 10, USC, section 1552(b), provides that applications for correction of military records must be filed within three years after discovery of the alleged error or injustice. This provision of law also allows the ABCMR to excuse an applicant's failure to timely file within the three-year statute of limitations if the ABCMR determines it would be in the interest of justice to do so. 2. Army Regulation 635-5-1 ((Separation Program Designator (SPD) Codes). The SPD Code Cross Reference Table in effect at the time of his discharge provides the regulatory authority that corresponds with the SPD code for Active Army Soldiers and Reserve Component Soldiers. The SPD code JBK is an involuntary discharge for completion of active required service and JGH is for non-retention on active duty. 3. Army Regulation 635-8 (Separation Processing and Documents): currently in effect, 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. Paragraph 5-6 states: * item25 (Separation Authority). To be completed for copies 2, 4, 7, and 8 only. Obtain correct entry from regulatory directives authorizing the separation * item 26 (Separation Code). To be completed for copies 2, 4, 7, and 8 only. Obtain the correct entry from AR 635-5-1, which provides the corresponding SPD code for the regulatory authority and reason for separation. SPD codes ar “For Official Use Only” and are not released outside DA. DOD Directive (DODD) 5400.07 will be used to deny the release of SPD code lists to the public. Only individual being separated is entitled access to his or her SPD code. It is not intended that these codes stigmatize an individual in any manner. * item 27 (Reentry Code) Army Regulation 601-210 determines reentry eligibility and provides regulatory guidance on reentry codes. * item 28 (Narrative Reason for Separation). This is based on regulatory or other authority and can be checked against the cross reference in Army Regulation 635-5-1. 4. Army Regulation (AR) 635-8 (Separation Processing and Documents), currently in effect, 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. a. Paragraph 5-1 (When to Prepare the DD Form 214 (Certificate of Release or Discharge from Active Duty) states the DD Form 214 is a summary of the Soldier’s most recent period of continuous active duty. It provides a brief, clear-cut record of all current active, prior active, and prior inactive duty service at the time of release from active duty, retirement, or discharge. //NOTHING FOLLOWS// ABCMR Record of Proceedings (cont) AR20170014443 3 1