ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS BOARD DATE: 7 June 2019 DOCKET NUMBER: AR20180015152 APPLICANT REQUESTS: The applicant requests that his DD Form 214 (Certificate of Release or Discharge from Active Duty) reflects an SPD (separation processing designator) code and a RE (reentry) code vice "NA." APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: DD Forms 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 is attempting to rejoin the armed services as a medical officer. His final paperwork did not list an SPD code nor an RE code and without these codes, despite the honorable discharge, he is unable to rejoin. He would like to have the SPD code and RE code added to his final documentation to allow him to commission into the Air National Guard. The codes were left blank. 3. On 22 July 1992, the applicant enlisted in the U.S. Army Reserve (USAR) for a term of 8 years. 4. His personnel qualification record shows he was ordered to active for active duty for training (ADT) with a report date of 3 February 1993. 5. On 5 August 1993, he was honorably released from active duty and transferred to his USAR Command. He completed 6 months and 3 days of net active service this period. His DD Form 214 shows: * Item 18 (Remarks): Orders 143-15 * Item 25 (Separation Authority): Self Terminating, See Block 18 * Item 26 (Separation Code): NA * Item 27 (Reentry Code): NA * Item 28: (Narrative Reason for Separation): Completion of Period of Active Duty Training 6. The applicant states he is attempting to rejoin the armed services as a medical officer. His final paperwork did not list an SPD code nor an RE code and without these codes, despite the honorable discharge, he is unable to rejoin. He would like to have the SPD code and RE code added to his final documentation to allow him to commission into the Air National Guard. The codes were left blank. His records shows he was ordered to active duty on self-terminating orders. 7. Army Regulation (AR) 635-5 (Personnel Separations-Separation Documents) stated: a. For item 18 (Remarks), use this block for entries required by Headquarters Department of the Army (HQDA) for which a separate block is not available and for completing entries that are too long for their blocks. b. For item 25 (Separation Authority), enter the regulatory or other authority cited in the directives authorizing the separation. For personnel ordered to active duty tor training (ADT), and active duty for special work (ADSW) by self-terminating orders, enter "Self-terminating orders, order number, course, and date." c. For item 26 (Separation Code), enter the proper Separation Program Designator (SPD) representing the specific authority for separation (AR 635-5-1 provides the authorities, reasons, and applicable SPDs). For cadets, enter the order number, source, and date. Enter "NA" when the authority in block 25 is self-terminating orders. d. For item 27 (Reentry Code), AR 601-210 determines reentry eligibility and regulates the assignment of the RE code. To determine the appropriate RE code, review the MPRJ and refer to table 2-3, SPD/RE Code Cross Reference Table. More than one RE code may apply but only one code will be assigned in the order of priority shown in the steps of the table. Reserve Component (RC) personnel being separated for other than cause will not be assigned RE codes. Enter "NA." RE codes for RC personnel being separated for cause will be assigned in accordance with table 2-3. 8. AR 635-5-1 (Personnel Separations-Separation Program Designator (SPD) Codes), states the separation code "MBK" is used for the narrative reason "completion of required service" under AR 635-200 (Personnel Separations-Enlisted Personnel), Chapter 4, for RA Soldiers eligible to reenlist or with a declination of continued service statement in force who are released from active duty (REFRAD) on completion of enlistment and transferred to the RC to complete Military Service obligation. Also to be used for Army National Guard of the United States (ARNGUS) or USAR Soldiers who are REFRAD on completion of required Active Service or period for which ordered to active duty. 9. AR 635-8 (Separation Processing and Documents), states: a. For 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. b. For item 27: Reentry Code. AR 601–210 (Regular Army and Army Reserve Enlistment Program) determines reentry eligibility and provides regulatory guidance on reentry codes. These codes are not applicable to officers, U.S. Marine cadets who fail to graduate, or to RC Soldiers being separated for other than cause. Refer questions concerning reentry codes to Commander, U.S. Army Human Resources Command (AHRC–EPR–P), 1600 Spearhead Division Avenue, Fort Knox, KY 40121–5102, or email usarmy.knox.hrc.mbx.epmdeligibility-management-branch@mail.mil. BOARD DISCUSSION: 1. The Board carefully considered the applicant’s request, supporting documents, evidence in the records and published DoD guidance for discharge upgrade requests. The Board discussed the nature of the applicant’s separation, regulatory guidance regarding entries on the DD Form 214, his statement regarding denial of entry into the ARNG in spite of an Honorable discharge, and whether an injustice existed. The Board determined that his records should be corrected based on his stated injustice. 2. After reviewing the application and all supporting documents, the Board found the relief was warranted. 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 reissuing the applicant a DD Form 214 for the period of service ending 5 August 1993 to show in item 26 - KBK and in item 27 – RE-1. 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. ADMINISTRATIVE NOTE(S): Not Applicable 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. Army Regulation (AR) 635-5 (Personnel Separations – Separation Documents), in effect at the time, prescribed the separation documents which are prepared for individuals upon retirement, discharge, or release from active military service or control of the Army. It established standardized policy for preparing and distributing DD Form 214 (Certificate of Release or Discharge from Active Duty). It also stated a. A DD Form 214 will be prepared for Reserve Component (RC) Soldiers completing active duty that results in the award of a military occupational specialty (MOS), even when the active duty period was less than 90 days (for example, completion of the advanced individual training component of Army National Guard Alternate Training Program or USAR Split Training Program). b. For item 25 (Separation Authority), enter the regulatory or other authority cited in the directives authorizing the separation. For personnel ordered to ADT, ADSW by self-terminating orders, enter "Self-terminating orders, order number, course, and date." c. For item 26 (Separation Code), enter the proper SPD representing the specific authority for separation (AR 635-5-1 provides the authorities, reasons, and applicable SPDs). For cadets, enter the order number, source, and date. Enter "NA" when the authority in block 25 is self-terminating orders. d. For item 27 (Reentry Code), AR 601-210 (Regular Army and Army Reserve Enlistment Program) determines reentry eligibility and regulates the assignment of the RE code. To determine the appropriate RE code, review the military personnel records jacket and refer to table 2-3, SPD/RE Code Cross Reference Table. More than one RE code may apply but only one code will be assigned in the order of priority shown in the steps of the table. Reserve Component personnel being separated for other than cause will not be assigned RE codes. Enter "NA." RE codes for RC personnel being separated for cause will be assigned in accordance with table 2-3. e. For item 28 (Narrative Reason for Separation), enter the narrative reason for separation as shown in AR 635-5-1 based on the regulatory or other authority. For personnel ordered to ADT, AGR, TTAD, FTNGD or ADSW on self-terminating orders, show the reason as "Completion of period of ADT, AGR [Active Guard Reserve], TTAD [Temporary Tour of Active Duty], FTNGD [Full Time National Guard Duty] or ADSW [Active Duty for Special Work], as appropriate." 3. AR 635-5-1 (Personnel Separations-Separation Program Designator (SPD) Codes), in effect at the time, prescribes the specific authorities (statutory, regulatory, and Department of Defense (DOD)/Army policy) and reasons for separating Soldiers from active duty. Also, it prescribes when to enter separation program designator (SPD) codes on the DD Form 214 (Certificate of Release or Discharge from Active Duty). It states the separation code "MBK" is used for the narrative reason "completion of required service" under AR 635-200 (Personnel Separations-Enlisted Personnel), Chapter 4, for RA Soldiers eligible to reenlist or with a declination of continued service statement in force who are released from active duty (REFRAD) on completion of enlistment and transferred to the RC to complete military service obligation. Also to be used for Army National Guard of the United States (ARNGUS) or USAR Soldiers who are REFRAD on completion of required Active Service or period for which ordered to active duty. 4. AR 635-8 (Separation Processing and Documents), currently in effect, prescribes the transition processing function of the military personnel system. It provides principles of support, standards of service, policies, tasks, rules, and steps governing required actions in the field to support processing personnel for separation and preparation of separation documents. It states: a. For 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. b. For item 27: Reentry Code. AR 601–210 determines reentry eligibility and provides regulatory guidance on reentry codes. These codes are not applicable to officers, USMA cadets who fail to graduate, or to RC Soldiers being separated for other than cause. Refer questions concerning reentry codes to Commander, U.S. Army Human Resources Command (AHRC–EPR–P), 1600 Spearhead Division Avenue, Fort Knox, KY 40121–5102, or email usarmy.knox.hrc.mbx.epmdeligibility-management- branch@mail.mil. ABCMR Record of Proceedings (cont) AR20180015152 4 1