ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS


	IN THE CASE OF:  

	BOARD DATE:  3 September 2019

	DOCKET NUMBER:  AR20180001200


APPLICANT REQUESTS:  correction of his separation code “MGH.”

APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD:  DD Form 149 (Application for Correction of Military Record).

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 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 was told by his commander that he was separating under a hardship, due to a family emergency.  He was separated under, “MGH,” which is a separation code under the Warrant Officer Program.

3.  A review of the applicant’s service record shows:

	a.  He enlisted in the Regular Army on 24 August 1993, in the rank/grade of Private First Class (PFC) / E-3 on 24 August 1994. 

	b.  He signed a DA Form 4187 (Personnel Action) requesting to be separated from active service at the earliest possible date, due an imposed bar that he had on him.  He felt that he would not be able to overcome the bar to reenlistment.

	c.  He was released from the active duty on 28 September 1994 and assigned to the United Stated Reserves.

	d.  His DD Form 214 (Certificate of Release or Discharge From Active Duty) shows in blocks:

* #4 (pay grade) – E-2
* #25 Separation Authority - AR 635-200, Para 16-5B
* #26Separation Code – MGH
* #28 Narrative Reason for Separation – Non-Retention on Active Duty

4.  By regulation AR 635-5-1, Separation Program Designator (SPD) Codes states under AR 635-200 (Active Duty Administrative Separations), paragraph 16-5b or c, code “MGH” is the correct code to use when Headquarters, Department of the Army’s message or other directive announces voluntary or involuntary early separation program (release from active duty (REFRAD) or transfer) due to reduction in force, strength limitations, or budgetary constraints. 

BOARD DISCUSSION:

After reviewing the application and all supporting documents, the Board found relief was warranted.  The applicant’s contentions were carefully considered.  Based upon the documentary evidence provided by the applicant and found within the military service record, the board found that the applicant’s record shows he was barred from reenlistment and voluntarily requested a discharge because he thought he could not overcome the bar.  His DD Form 214 shows his narrative reason or separation is non-retention on active duty, and a SPN Code of MGH.  AR 635-5-1 shows KGH is the appropriate SPN Code used when a Soldier voluntarily requests separation due to non-retention on active duty.  The Board agreed an error occurred when SPN Code MGH was listed on his separation document.

BOARD VOTE:

Mbr 1	Mbr 2	Mbr 3

X	X	X	GRANT FULL RELIEF

:	:	:	GRANT PARTIAL RELIEF

:	:	:	GRANT FORMAL HEARING

:	:	:	DENY APPLICATION


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 block 26 of his DD Form 214 for the period ending 28 September 1994 by showing his separation code as “KGH.”


	 
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 Army Board for Correction of Military Records (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.  AR 635-5-1, Separation Program Designator (SPD) Codes implements Department of Defense policy for standardization of certain entries on the DD Form 214 (Certificate of Release or Discharge from Active Duty) and has been revised to update the Separation Program Designator (SPD) Codes to be used and the authorities and reasons for their usage and control.   It states under AR 635-200, paragraph 16-5b or c, code “MGH” is the correct code to use when Headquarters, Department of the Army’s message or other directive announces voluntary or involuntary early separation program due to reduction in force, strength limitations, or budgetary constraints

3.  AR 635-8 (Separation Processing and Documents:  Personnel Separations) currently in effect states that block 26, separation code is 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.  For a USMA cadet who fails to graduate, enter the order number, source, and date. 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 the 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.  They are intended for DOD internal use in collecting data to analyze statistical reporting trends that may influence changes in separation policy.

4.  Army Regulation (AR) 635-5 (Separation Documents), then in effect, prescribed the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army.  It states the DD Form 214 is a synopsis of the Soldier's most recent period of continuous active service.  It provides a brief, clear-cut record of active Army service at the time of release from active duty, retirement, or discharge.

//NOTHING FOLLOWS//

ABCMR Record of Proceedings (cont)	 AR20180001200


3


1