IN THE CASE OF:

		BOARD DATE: 26 July 2023 

		DOCKET NUMBER: AR20230002077


APPLICANT REQUESTS:  in effect,

*	correction of his DD Form 214 (Certificate of Release or Discharge from Active 
Duty) to reflect:

*	add in item 18 (Remarks): Separation Pay --$ and Member is entitled to full 
separation pay
*	change in item 26 (Separation Code): "JBK" vice "MBK"

*	paid involuntary separation pay

APPLICANT'S SUPPORTING DOCUMENT(S) CONSIDERED BY THE BOARD:

*	DD Form 149 (Application for Correction of Military Record)
*	U.S. Army Garrison, Fort Belvoir Orders Number 297-0010
*	DD Form 214 service ending 26 October 2020
*	U.S. Army Garrison, Fort Belvoir Orders Number 313-0008

FACTS:

1.  The applicant states in effect, he did not receive his separation pay due to the 
incorrect Separation Program Designator (SPD) code was listed on U.S. Army Garrison, 
Fort Belvoir Orders Number 297-0010. The order had SPD code of "MBK" which was 
for Expiration Term of Service (ETS) instead of "JBK" which is for Retention Control 
Point (RCP). He was able to get the orders amended to reflect the correct SPD. U.S. 
Army Garrison, Fort Belvoir Orders Number 313-0008 was published on 9 November 
2022. However, his DD Form 214 was not corrected to change the SPD nor add in item 
18, the amount of his separation pay and he was entitled to full separation pay. He was 
advised by the Fort Belvoir Finance Office he would have to apply to the Army Board for 
Corrections of Military Records (ABCMR) to rectify the issue regarding his separation 
pay. He requests his DD Form 214 be corrected to reflect the SPD code of "JBK" in item 
26 and to add in item 18 the amount of his entitled separation pay and the statement 
"Member is entitled to full separation pay."

2.  A review of the applicant's service record shows:

	a.  With prior U.S. Army Reserve (USAR) service, the applicant enlisted in the 
Regular Army (RA) on 7 February 2005, and he had continuous service through 
extensions or reenlistments.

	b.  The applicant's Enlisted Record Brief shows the applicant's reenlistment 
eligibility/prohibition code as 9G (Grade (Within 16 months of ETS, not able to reenlist 
for 2 years due to RCP)).

	c.  On 23 October 2020, Orders Number 297-0010, issued by the U.S. Army 
Garrison, Fort Belvoir, the applicant was released from active duty on 26 October 2020 
and assigned to the USAR Troop Program Unit (TPU). The additional instructions states 
in (a) Soldier is entitled to full separation pay in accordance with Title 10 United States 
Code (USC), section 1174. The orders also state the SPD Code is "MBK."

	d.  The applicant was honorably released from active duty on 26 October 2020 and 
assigned to a USAR TPU. DD Form 214 shows the applicant completed 15-years, 
8-months, and 20-days of active service. It also shows in item 26 the SPD Code is 
"MBK" and in item 28 (Narrative Reason for Separation): Completion of Required Active 
Service). In item 18, it does not reference separation pay.

	e.  On 3 November 2020, Orders Number D-11-023143, issued by the U.S. Army 
Human Resources Command (HRC), the applicant was honorably discharged from the 
USAR, effective 3 November 2020. However, the applicant's Army Human Resources 
Records (AMHRR) shows the applicant has been actively participating in the USAR 
TPU after this date.

	f.  DA Form 2166-9-1 (Noncommissioned Officer Evaluation Report) for the rating 
period 3 December 2021 through 4 December 2022 shows the applicant was assigned 
to a TPU at Fort Meade, MD.

	g.  The applicant's records are void of a DD Form 4 (Enlistment/Reenlistment 
Document Armed Forces of the United States) showing his enlistment in the USAR after 
his active-duty service.

3.  The applicant provides U.S. Army Garrison, Fort Belvoir Orders Number 313-0008 
which amended U.S. Army Garrison, Fort Belvoir Orders Number 297-0010 to change 
the SPD Code from "MBK" to "JBK."

?
BOARD DISCUSSION:

1.  After reviewing the application, all supporting documents, and the evidence found 
within the military record, the Board found that relief was 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 and the 
DFAS verification for the applicant’s 2020 MMPA which stated the applicant the 
applicant had two final payments but – there is no separation pay (DSP, SSB, etc.). 
Based on this, the Board agreed correction to the applicant’s DD Form 214 is warranted 
to show he is entitled to be paid full separation pay. Therefore, the Board granted relief. 

2.  Prior to closing the case, the Board did note the analyst of record administrative 
notes below, and recommended the correction be completed to more accurately depict 
the military service of the applicant.


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:

In addition to the administrative notes annotated by the Analyst of Record (below the 
signature), the Board determined that the evidence presented was 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 notifying DFAS that the
applicant is entitled to be paid full separation pay.

	 
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):

1.  Reference the enclosed request for correction of military records from the subject 
individual to correct his DD Form 214 (Certificate of Release or Discharge from Active 
Duty) for the period ending October 26, 2020, by:

	a.  Delete: item 26 ( Separation Code): MBK 

	b.  Add:

*	Item 18 (Remarks): Member is entitled to full separation pay
*	item 26: "JBK"

2.  A review of the records listed below (enclosed) is sufficient to substantiate correction 
of the DD Form 214 without action by the Board.

*	DD Form 214 service ending October 26, 2020
*	U.S. Army Garrison, Fort Belvoir Orders Number 297-0010
*	U.S. Army Garrison, Fort Belvoir Orders Number 313-0008

3.  Please correct the applicant's DD Form 214 by amending it as shown in paragraph 
1a ad b above. Provide the applicant a copy of the corrections.  Please ensure that the 
corrections are recorded in the applicant's official military personnel record.

REFERENCES:

1.  Title 10, USC, section 1174 (Separation pay upon involuntary discharge or release 
from active duty), (b) (Regular Enlisted Members), (1) A regular enlisted member of an 
armed force who is discharged involuntarily or as the result of the denial of the 
reenlistment of the member and who has completed six or more, but less than 20-years 
of active service immediately before that discharge is entitled to separation pay 
computed under subsection (d) unless the Secretary concerned determines that the 
conditions under which the member is discharged do not warrant payment of such pay. 
(2) Separation pay of an enlisted member shall be computed under paragraph (1) of 
subsection (d), except that such pay shall be computed under paragraph (2) of such 
subsection in the case of a member who is discharged under criteria prescribed by the 
Secretary of Defense. (d) (Amount of Separation Pay), the amount of separation pay 
which may be paid to a member under this section is: (1) 10 percent of the product of 
his years of active service, and 12 times the monthly basic pay to which he was entitled 
at the time of his discharge or release from active duty; or (2) one-half of the amount 
computed under clause (1). (e) (Requirement for Service in Ready Reserve), 
Exceptions to Eligibility; (1) (A) As a condition of receiving separation pay under this 
section, a person otherwise eligible for that pay shall be required to enter into a written 
agreement with the Secretary concerned to serve in the Ready Reserve of a reserve 
component for a period of not less than three years following the person's discharge or 
release from active duty. (B) Each person who enters into an agreement who is not 
already a Reserve of an armed force and who is qualified shall, upon such person's 
discharge or release from active duty, be enlisted or appointed, as appropriate, as a 
Reserve and be transferred to a reserve component.

2.  Army Regulation (AR) 637-2 (Separation Pay (Non-disability) and Levels of 
Payment), prescribes the separation pay processing functions of the military personnel 
system. 
	a.  Paragraph 1-11e states the transition centers will; 

*	ensure both the SPD code on the DD Form 214 or DD Form 215 and the military 
separation order has the same authorized separation entitlement payment level 
of full or half in order for DFAS to legally disburse the payment
*	coordinate with the local finance office for them to calculate or validate the 
amount of separation pay authorized that will be documented on the DD Form 
214 or DD Form 215 (Correction to DD Form 214), as a minimum, the separation 
packet will consist of the following documents: 

*	DD Form 214 or DD Form 215 with entitlement to separation pay (full or half) 
and gross dollar amount documented
*	Military order entitling the Soldier to the appropriate level of pay that matches 
the pay authorization SPD code
*	DA Form 7783 documenting the required service agreement endorsed by a 
RC Career Counselor or authorized official to contract Soldiers into the RR
*	verification memorandum and DA Form 1506 (Statement of Service) (RC on 
AD)
*	proof of enlistment or assignment to the RR for Soldiers who are not already 
members

	b.  Paragraph 2-1 (Eligibility criteria), a.  Full separation payment of non-disability 
separation pay is authorized to Soldiers of the regular and RC involuntarily separated 
from AD or active service who meet each of the five conditions outlined in Department 
of Defense Instruction 1332.29, which are as follows: 

*	Soldier is on AD/AS and has completed at least 6-years, but fewer than 20-years, 
of active service, for Reserve members not on the AD/AS list when separated, 
*	6-years of continuous AD/AS must have preceded immediately before such 
separation
*	Soldier's separation is characterized as "Honorable" as defined in DoDI 1332.14, 
Soldier is being involuntarily separated by the Military Service concerned through 
either the denial of reenlistment and/or extension or the denial of continuation on 
active duty or in an active service status
*	Soldier has entered into a written agreement with the Military Service concerned 
to serve in the RR of a RC of the Military Services for a period of not less than 3 
years following the separation from AD/AS
*	Soldier has initialed and signed DA Form 7783 with the mandatory disclosure 
statement: "If I qualify for military retired or retainer pay and/or the Department of 
Veterans Affairs disability compensation after receiving Involuntary Separation 
Pay (known as "ISP"), I will be subject to a deduction from such retired or 
retainer pay, or from disability compensation in the total amount of any ISP paid

	c.  Paragraph 2-6 (Separation pay at the respective retention control point), eligible 
Soldiers must request reenlistment/extension or extension to their respective Retention 
Control Point (RCP) in order to qualify for separation pay. a.  A Soldier whose RCP is 
greater than 2 years from their current expiration term of service (ETS) date must 
request reenlistment and/or extension to their RCP. A Soldier whose RCP is less than 2 
years from their current ETS date must request extension of their enlistment to the 
RCP.

3.  AR 635-8 (Separation Processing and Documents), 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.
	a.  Block 18: (4) (n) For Soldiers receiving separation, readjustment, or severance 
pay (as indicated on the separation order and calculated by the finance office), enter 
type of payment and gross amount of separation, readjustment, or severance pay.

	b.  Block 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.

	c.  Block 28: Narrative Reason for Separation. This is based on regulatory or other 
authority and can be checked against the cross reference in AR 635–5–1.

4.  AR 635-5-1 (Separation Program Designator 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 SPD codes on the DD Form 214 (Certificate of Release or Discharge from Active 
Duty). Paragraph 2-7 (Separation program designator applicable to enlisted personnel), 
Table 2-3 (Enlisted Personnel), Involuntary discharge; SPD Code: "JBK" – Completion 
of required Active Service, note 7. Except for those with a Declination of Continued 
Service Statement (DCSS) in force, to be used for RA Soldiers ineligible for, barred 
from, or otherwise denied reenlistment that are separated on completion of enlistment. 
Soldiers separated under the Commander's Allocation program will receive an RE–1. 
Voluntary Release from Active Duty (REFRAD); SPD Code "MBK" – Completion of 
required Active Service, note 6. To be used for RA Soldiers eligible to reenlist or with a 
DCSS in force who are REFRAD on completion of enlistment and transferred to the 
Reserve Components 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. 

//NOTHING FOLLOWS//
ABCMR Record of Proceedings (cont)	AR20230002077


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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS


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