IN THE CASE OF:  BOARD DATE:  9 March 2020 DOCKET NUMBER:  AR20190012279 


APPLICANT REQUESTS:  Correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show a different separation code. 

APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: 

.DD Form 149 (Application for Correction of Military Record Under the Provisionsof Title 10, U.S. Code, Section 1552), dated 5 August 2019

.DD Form 214, for the period ending 1 November 1995



FACTS: 

1.The applicant did not file within the three year time frame provided in Title 10, U.S.Code (USC), Section 1552 (b); however, the Army Board for Correction of MilitaryRecords (ABCMR) conducted a substantive review of this case and determined it is inthe interest of justice to excuse the applicant's failure to timely file.

2.The applicant states his separation code is "MGH," which is not the correctseparation code.  This code is for the warrant officer program, which he was never apart of.  His reason for separation is non-retention on active duty.

3.The applicant enlisted in the Regular Army on 21 June 1994.

4.The applicant was honorably released from active duty on 1 November 1995.  HisDD Form 214 shows the following entries in:

.Block 25 (Separation Authority) – Army Regulation 635-200 (PersonnelSeparations – Enlisted Personnel), Paragraph 16-5b

.Block 26 (Separation Code) – MGH

.Block 27 (Reentry Code) – 3

.Block 28 (Narrative Reason for Separation) – Non-Retention on Active Duty



5.Army Regulation 635-5-1 (Separation Program Designator (SPD) Codes) states thatSPD codes are three-character alphabetic combinations that identify reasons for andtypes of separation from active duty.

BOARD DISCUSSION: 

1.The Board carefully considered the applicant’s request, supporting documents andevidence in the records.  The Board considered the applicant’s statement, his availablerecord of service, the absence of a separation packet and the reason and authority forhis separation.  The Board considered the Army policy in effect at the time of his serviceand found that the separation code shown was corrected based on his narrative reasonand authority.  Based on a preponderance of evidence, the Board determined that theseparation code the applicant received upon separation was not in error or unjust.

2.After reviewing the application and all supporting documents, the Board found thatrelief was not warranted.
BOARD VOTE: 

Mbr 1 Mbr 2 Mbr 3 

: : : GRANT FULL RELIEF 

: : : GRANT PARTIAL RELIEF 

: : : GRANT FORMAL HEARING 

: : : 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. 


X 


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 militaryrecords 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 timelyfile within the three-year statute of limitations if the ABCMR determines it would be inthe interest of justice to do so.
2.Army Regulation 635-5-1 (Separation Program Designator (SPD) Codes) states thatSPD codes are three-character alphabetic combinations that identify reasons for andtypes of separation from active duty.  SPD code narrative reasons are aligned withapplicable regulatory authority paragraphs.  The version of the regulation in effect at thetime stated that the SPD code of "MGH" is the appropriate code to assign Soldiersseparated under the provisions of Army Regulation 635-200, by narrative reason of non-retention on active duty.

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