IN THE CASE OF: BOARD DATE: 20 September 2023 DOCKET NUMBER: AR20220011580 APPLICANT REQUESTS: Correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty), for the period ending 8 December 1984 to show his Separation Program Designator (SPD) code as MBD rather than MCD. APPLICANT'S SUPPORTING DOCUMENT(S) CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * DD Form 214 * National Guard Bureau (NGB) Form 22 (Report of Separation and Record of Service) * NGB Form 22A (Correction to NGB Form 22) * NGB Form 23 (Army National Guard (ARNG) Retirement Credits Record) * Extract from Title 38 U.S. Code (USC) – Pensions, Bonuses, and Veterans' Relief 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 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 the SPD code on his DD Form 214 is MCD, which is incorrect. The reason for his separation was hardship and the correct code for hardship is MBD [sic MDB]. He was seeking Department of Veterans Affairs (VA) benefits and was told he was not eligible because he did not have 24 months of active-duty service. He then learned he is exempt from the minimum active-duty service requirement because persons who are discharged or released under Title 10, USC, Section 1171 or 1173 (early out or hardship discharge) are excluded from the minimum active-duty service requirement. The reason he was discharged was that he was indigent and homeless at the time and the only person who could help him was his father, who lived in Jamaica. His only alternative was to go live with his father and take care of him because he was ill at the time. 3. The applicant's complete service record, to include a separation packet containing the specific facts and circumstances surrounding his discharge processing is not available for the Board to review. 4. His DD Form 214 shows he enlisted in the U.S. Army Reserve (USAR) on 15 February 1984. He entered active-duty service for the purpose of completing initial active-duty training (IADT) on 2 July 1984. He was awarded military occupational specialty (MOS) 63B (Power Generator and Wheeled Vehicle Mechanic). He was released from active-duty training on 8 December 1984 under the provisions of Army Regulation 635-200 (Personnel Separations - Enlisted Personnel), paragraph 16-9a with SPD code MCD by reason of "Reserve Component (RC) Personnel Upon Completion of MOS Training." His service was characterized as honorable. He was credited with completion of 5 months and 7 days of net active service this period. Upon release, he was transferred to control of the USAR. 5. The applicant's NGB Form 22, as corrected by NGB Form 22A, shows he enlisted in the Pennsylvania Army National Guard (PAARNG) on 23 January 1985. On 24 October 1985, he was discharged from the PAARNG under the provisions of National Guard Regulation 600-200 (Enlisted Personnel Management), paragraph 7-10q, due to change or residence, with an honorable characterization of service. He was credited with: * 9 months and 2 days of net service * 6 months and 1 day of prior RC service * 5 months and 7 days of prior active federal service * 1 year, 8 months, and 10 days of total service for pay 6. His ARNG Retirement Credits Record for retirement year 15 February 1985 through 14 February 1986 shows his inclusive dates were from 15 February 1985 through 24 October 1985. He was credited with: * 11 ARNG membership points * 38 total inactive duty points * 15 active duty, active duty training, or full time training duty points * 53 total points 7. The applicant provides an Extract from Title 38, USC, Section 3.12a – Pensions, Bonuses, and Veterans' Relief. In pertinent part, it explains the minimum active-duty service requirement for determining eligibility for VA benefits which for the purposes of this section is the shorter of the following periods: 24 months of continuous active duty or the full period for which a person was called or ordered to active duty. Among the exclusions for this requirement are persons who are discharged or released under Title 10, USC, Section 1171 or 1173 (early out or hardship discharge). 8. The ABCMR is not authorized to grant requests for upgrade of discharges solely for the purpose of making the applicant eligible for Veterans' benefits; however, in reaching its determination, the Board can consider the applicant’s petition, arguments and assertions, and service record in accordance with the published equity, injustice, or clemency guidance. BOARD DISCUSSION: After reviewing the application, all supporting documents, and the evidence found within the military record, the Board found that relief was not warranted. The Board carefully considered the applicant's record of service, documents submitted in support of the petition and executed a comprehensive and standard review based on law, policy and regulation. Upon review of the applicant’s petition, available military records, the Board found no error or injustice pertaining to the applicant’s DD Form 214. The Board agreed based on regulatory guidance the applicant’s Separation Program Designator (SPD) code is accurate based on his completed MOS Training. Furthermore, the Board found no evidence the applicant was separated for hardship, based on the applicant record the Board denied relief for correction of his DD Form 214 to show his Separation Program Designator (SPD) code as MBD rather than MCD. 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 3 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 3-year statute of limitations if the ABCMR determines it would be in the interest of justice to do so. 2. Army Regulation 15-185 prescribes the policies and procedures for correction of military records by the Secretary of the Army, acting through the ABCMR. The regulation provides that the ABCMR begins its consideration of each case with the presumption of administrative regularity. The applicant has the burden of proving an error or injustice by a preponderance of the evidence. It is not an investigative body. 3. Army Regulation 635-5 (Separation Documents), in effect at the time, prescribed the separation documents prepared for Soldiers 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. Paragraph 1-4 provided that a DD Form 214 would be prepared for the personnel listed below at the time of their retirement, discharge, or release from the Active Army. Personnel included were members of the ARNG of the U.S. (ARNGUS) and USAR separated after completing 90 days or more of continuous ADT, and those separated after completing initial active duty for training that resulted in the award of an MOS, even though the active duty was less than 90 days. 4. Army Regulation 635-5-1 (SPD), in effect at the time, prescribed the specific authorities, the reasons for the separation of members from active military service, and the SPDs to be used for these stated reasons. The regulation stipulated that: a. SPD code MDB was to be used for enlisted personnel released under the provisions of Army Regulation 635-200, paragraph 6-3b due to hardship. b. SPD code MCD was to be used for Reserve Component enlisted personnel upon completion of MOS training or early release of RC personnel under the provisions of Army Regulation 635-200, paragraph 16-9a or b. 5. Army Regulation 635-200, in effect at the time, set forth the basic authority for the separation of enlisted personnel. Paragraph 16-9 (RC personnel ordered to IADT) provide commanders of training installations who were separation authorities were authorized to release RC personnel ordered to IADT upon completion of MOS training when training was completed prior to the period of time specified in IADT orders, provided at least 12 weeks had been completed. //NOTHING FOLLOWS// ABCMR Record of Proceedings (cont) AR20220011580 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1