1. Applicant's Name: a. Application Date: 17 January 2018 b. Date Received: 23 January 2018 c. Counsel: None 2. REQUEST, ISSUES, BOARD TYPE, AND DECISION: The applicant requests a Separation Code (SPD) change. The applicant also requests changes to the Separation Date, Primary Specialty, Military Education, Decorations, Medals and Awards (block 13) and the Remarks section of his DD Form 214. The applicant further requests removal of computer matching within the DOD or with other agencies for verification. The applicant seeks relief contending, in effect, his SPD code is improper because he was not flagged or barred. The applicant states the SPD code should be changed to voluntary discharge, which would reflect a SPD code of KBK. Similarly separated Soldiers, who were not flagged or barred, would have SPD code of KBK and Narrative Reason of Completion of Required Active Service, but the applicant was denied the protection of the law. The applicant states, he was not allowed to clear the Army, which prevented him from exposing the erroneous entries and omissions on his DD Form 214, until after his separation. The applicant states he would have applied earlier to correct his discharge, but he did not have representation and was not aware the Board existed. If he had representation, he would not have to guess, which form to use and his claims would have been properly addressed. The applicant further details his contentions in an allied self-authored statement. In a records review conducted at Arlington, VA on 23 September 2020, and by a 5-0 vote, the Board denied the request upon finding the separation was both proper and equitable, and based on the available records, the SPD code was appropriate. (Board member names available upon request) 3. DISCHARGE DETAILS: a. Reason / Authority / Codes / Characterization: Completion of Required Active Service / AR 635-200 / Chapter 4 / JBK / RE-3 / Honorable b. Date of Discharge: 27 February 2005 c. Separation Facts: (1) Date of Notification of Intent to Separate: NIF (2) Basis for Separation: Completion of Required Active Service (3) Recommended Characterization: Honorable (4) Legal Consultation Date: NIF (5) Administrative Separation Board: NIF (6) Separation Decision Date / Characterization: 22 December 2004 / Orders 357- 0247, reflects the applicant was reassigned to the U.S. Army transition point for transition process. He was released from active duty effective: 27 February 2005. 4. SERVICE DETAILS: a. Date / Period of Enlistment: 28 September 1999 / 5 years, 3 months / On 14 December 2004, the applicant extended his enlistment for a period two months, giving him a new ETS date of 27 February 2005. b. Age at Enlistment / Education / GT Score: 32 / Bachelor's Degree / 111 c. Highest Grade Achieved / MOS / Total Service: E-6 / 91E30, Dental Specialist / 20 years, 10 months, 1 day d. Prior Service / Characterizations: ARNG, 27 April 1984 - 18 May 1989 / HD AD, 18 June 1984 - 24 August 1984 / NIF (Concurrent Service) IADT, 25 June 1985 - 6 September 1985 / UNC (Concurrent Service) ARNG, 18 November 1984 - 26 April 1990 / HD (Concurrent Service) USARCG, 19 May 1989 - 21 May 1989 / NIF ARNG, 22 May 1989 - 16 May 1990 / HD USARCG, 17 May 1990 - 20 February 1990 / NIF AD, 21 February 1990 - 10 May 1990 / HD ARNG, 11 May 1990 - 10 September 1990 / NIF RA, 11 September 1990 - 17 March 1994 / HD RA, 18 March 1994 - 27 December 1999 / HD e. Overseas Service / Combat Service: Germany, Bosnia-Herzegovina / None f. Awards and Decorations: AAM-6, ASUA, GOWTSM, AGCM-3, ARCAM, NDSM-2, AFEM, AFSM, NCOPDR-2, OSR-2, ASR / The applicant's service record reflects he was awarded the AGCM-4, NATOMDL, OKGCR-3 and the OKDAB, however, these awards are not reflected on his DD Form 214. g. Performance Ratings: April 1999 - March 2000 / Fully Capable April 2000 - March 2001 / Fully Capable April 2001 - August 2001 / Fully Capable September 2001 - June 2002 / Among The Best July 2002 - September 2002 / Fully Capable October 2002 - March 2003 / Fully Capable April 2003 - March 2004 / Among The Best April 2004 - August 2004 / Fully Capable h. Disciplinary Action(s) / Evidentiary Record: Enlisted Record Brief (ERB), dated 16 November 2004, reflects a Flag Code "KA", with a Flag Start Date of 6 October 2004, which indicates the applicant had a flag for being placed in the Army Weight Control Program (AWCP). The ERB also reflects a Flag Code "AA", which indicates Adverse Action. The Reenl Elig/Prohib code reflects "9X," which indicates the applicant was prohibited from reenlistment. Orders 357-0247, dated 22 December 2004, reflects the applicant was ordered to report to the transition point on 27 February 2005. The date of his release from active duty unless / changed or rescinded: 27 February 2005. The applicant's DD Form 214, reflects he was not transferred to the USAR Control Group and he did not have a Reserve Obligation Termination Date. The applicant was entitled to half involuntary separation pay. i. Lost Time / Mode of Return: None j. Diagnosed PTSD / TBI / Behavioral Health: None 5. APPLICANT-PROVIDED EVIDENCE: DD Form 149; two DD Forms 214; DD Form 293; self- authored statement; Orders 357-0247; DD Form 2648; two DD Forms 4, with allied enlistment documents; Enlisted Record Brief; two DA Forms 1059; NGB Form 22; Orders A-201-01; Permanent Orders 85-35; Permanent Order 101-002; Referral Letter; DFAS letter; DA Form 1895; two DA Forms 3340. 6. POST SERVICE ACCOMPLISHMENTS: None submitted with the application. 7. REGULATORY CITATION(S): Army Regulation 635-200 sets forth the basic authority for the separation of enlisted personnel. Chapter 3, paragraph 3-7, establishes the types of administrative discharges/character of service. An honorable discharge is a separation with honor. The honorable characterization is appropriate when the quality of the Soldier's service generally has met the standards of acceptable conduct and performance of duty for Army personnel or is otherwise so meritorious that any other characterization would be clearly inappropriate. Only the honorable characterization may be awarded a Soldier upon completion of his/her period of enlistment or period for which called or ordered to AD or ADT or where required under specific reasons for separation, unless an entry-level status separation (uncharacterized) is warranted. Chapter 4, establishes the policies and procedures for separating a Soldier upon expiration of enlistment of fulfillment of service obligation. The periods of military service required of all Army Soldiers will be in accordance with applicable laws. Periods for which enlistment is authorized are in NGR 600-200, AR 140-111, and AR 601-210. Periods for which Soldiers are ordered to AD are prescribed by law. Soldier enlisted or ordered to AD normally will be discharged or released from AD on the date he/she completes the period for which enlisted or ordered to AD. Personnel released from AD and transferred to the USAR upon completion of the term of service for which ordered into active Federal service, or released to their Reserve Component upon completion of AD. These Soldiers will not be discharged until completion of their reserve obligation. Paragraph 4-5, states, a Soldier being separated upon expiration of enlistment or fulfillment of service obligation will be awarded a character of service of honorable, unless the Soldier is in entry-level status and service is uncharacterized. Army Regulation 635-5-1 (Separation Program Designator (SPD) Codes) provides the specific authorities (regulatory or directive), reasons for separating Soldiers from active duty, and the SPD codes to be entered on the DD Form 214. It identifies the SPD code of "JBK" as the appropriate code to assign enlisted Soldiers who are discharged under the provisions of Army Regulation 635-200, Chapter 4, for completion of required active service, who are ineligible for, barred from, or otherwise denied reenlistment that are separation completion of enlistment. The SPD Code/RE Code Cross Reference Table shows that a Soldier assigned an SPD Code of "JBK" will be assigned an RE Code of 3. 8. DISCUSSION OF FACT(S): The applicant requests a Separation Code (SPD) change. The applicant also requests changes to the Separation Date, Primary Specialty, Military Education, Decorations, Medals and Awards (block 13) and the Remarks section of his DD Form 214. The applicant's record of service, the issues and documents submitted with his application were carefully reviewed. The record confirms that the applicant's discharge was appropriate because the quality of his service was consistent with the Army's standards for acceptable personal conduct and performance of duty by military personnel. The applicant's record is void of the specific facts and circumstances concerning the events which led to his discharge from the Army. However, the applicant's record does contain a properly constituted DD Form 214 (Certificate of Release or Discharge from Active Duty), which was authenticated by the applicant's signature. The DD Form 214 indicates the applicant was discharged under the provisions of AR 635-200, Chapter 4, by reason of Completion of Required Active Service, with a characterization of service of Honorable. Barring evidence to the contrary, it appears that all requirements of law and regulation were met and the rights of the applicant would have been protected throughout the separation process. The service record confirms the applicant had completed the period for which he was ordered to Active Duty. The evidence of the record reflects that the applicant reenlisted on Active Duty on 28 September 1999, for a period of 5 years and 3 months. On 14 December 2004, the applicant extended his enlistment for a period two months, giving him a new ETS date of 27 February 2005. Based on the applicant's Enlisted Record Brief and the remarks on the applicant's DD Form 214, indicating the applicant was involuntarily separated. It appears the applicant was barred from reenlistment and had been entered in the AWCP. Soldiers processed for separation under these provisions will be assigned a Narrative Reason for Separation of Completion of Required Active Service. Further, the Soldier will be assigned an SPD Code of JBK and an RE Code of 3. The applicant contends he was not allowed to clear the installation and was not provided full protection under the law. However, the record does not contain any indication or evidence of arbitrary or capricious actions by the command and all requirements of law and regulation were met and the rights of the applicant were fully protected throughout the separation process. The character of the applicant's discharge is commensurate with his overall service record. The burden of proof remains with the former Soldier to provide the appropriate documents such as the discharge packet or other evidence sufficient to explain the facts, circumstances, and reasons underlying the separation action, for the Board's consideration. If the applicant desires a personal appearance hearing, it is his responsibility to meet the burden of proof since the discharge packet is not available in the official record. The applicant contends that other Soldiers with similar circumstances received a SPD code of KBK. However, the method in which another Soldier's case was handled is not relevant to the applicant's case. Applicable regulations state that each case must be decided on an individual basis considering the unique facts and circumstances of that particular case. The applicant requests changes to the Separation Date, Primary Specialty, Military Education, Decorations, Medals and Awards (block 13) and the Remarks section of his DD Form 214. However, the applicant's requested changes to the DD Form 214, do not fall within the purview of this Board. The applicant's case will be forwarded to the Army Board for Correction of Military Records (ABCMR) for further adjudication in reference to his requested changes regarding his DD Form 214. Based on the available record, the discharge was consistent with the procedural and substantive requirements of the regulation, was within the discretion of the separation authority and that the applicant was provided full administrative due process. 9. BOARD DETERMINATION: In a records review conducted at Arlington, VA on 23 September 2020, and by a 5-0 vote, the Board denied the request upon finding the separation was both proper and equitable, and based on the available records, the SPD code was appropriate. 10. BOARD ACTION DIRECTED: a. Issue a New DD-214 / Issue a New Separation Order: No b. Change Characterization to: No Change c. Change Reason to: No Change d. Change Authority to: No Change e. Change SPD / RE Code to: No Change Authenticating Official: Legend: AWOL - Absent Without Leave GD - General Discharge NCO - Noncommissioned Officer SCM - Summary Court Martial BCD - Bad Conduct Discharge HS - High School NIF - Not in File SPCM - Special Court Martial BH - Behavioral Health HD - Honorable Discharge NOS - Not Otherwise Specified SPD - Separation Program Designator CG - Company Grade Article 15 IADT - Initial Active Duty Training OAD - Ordered to Active Duty TBI - Traumatic Brain Injury CID - Criminal Investigation Division MP - Military Police OMPF - Official Military Personnel File UNC - Uncharacterized Discharge ELS - Entry Level Status MST - Military Sexual Trauma PTSD - Post-Traumatic Stress Disorder UOTHC - Under Other Than Honorable Conditions FG - Field Grade Article 15 NA - Not applicable RE - Reentry VA - Veterans Affairs ARMY DISCHARGE REVIEW BOARD CASE REPORT AND DIRECTIVE AR20180002257 1