AR20140000757

IN THE CASE OF: Mr.

BOARD DATE: 21 January 2015

CASE NUMBER: AR20140000757
___________________________________________________________________________

Board Determination and Directed Action

After carefully examining the applicant’s record of service during the period of enlistment under review, and considering the Discussion and Recommendation which follows, the Board determined the discharge was both proper and equitable and voted to deny relief.

Presiding Officer

I certify that herein is recorded the true and complete record of the proceedings of the Department of the Army Discharge Review Board in this case.

THE APPLICANTS REQUEST AND STATEMENT:

1. The applicant requests the separation code on his DD Form 214 be change from KBK to MBK.

2. The applicant states, in effect, after he separated from active duty, he was denied a military ID card and the transitional assistance management program (TAMP) benefits because the separation code on his DD214 reads KBK and it should read MBK. The applicant states, he believes his separation is unjust because he extended his last enlistment to support a contingency operation. He contacted Tricare and DEERs; and, was referred to the transition office at Ft. Stewart. The Chief at the transition office and Mrs. T from Ft. Stewart identification (ID) section both acknowledged the mistake and told him he need to send his request through ARBA.

DISCHARGE UNDER REVIEW INFORMATION:

a. Application Receipt Date: 6 January 2013
b. Discharge received: Honorable
c. Date of Discharge: 22 December 2013
d. Reason/Authority/SPD/RE: Completion of Required Active Service, Chapter 4, AR 635-200, KBK, RE Code 1
e. Unit of assignment: 69 ARHHC FC, Fort Steward, GA
f. Current Enlistment Date/Term: 23 April 2010, 3 years
g. Current Enlistment Service: 3 years, 8 months
h. Total Service: 10 years, 11 months, 1 day
i. Time Lost: None
j. Previous Discharges: USAR 030122-030303/NA
RA 030304-080806/HD
RA 080807-100422/HD
k. Highest Grade Achieved: E-6
l. Military Occupational Specialty: 68W30, Health Care Specialist
m. GT Score: 107
n. Education: 14 years
o. Overseas Service: Southwest Asia
p. Combat Service: Iraq x 2 (040924-050924), (070806-081024)
Afghanistan (1211-130714)
q. Decorations/Awards: ARCOM-5, AAM-3, AGCM-3, NDSM, ACM-CS,
ICM-CS-1, GWTSM, NCOPDR-2, VUA-2, ASR,
OSR-4, NATOMDL, COA-2, CMB
r. Administrative Separation Board: No
s. Performance Ratings: Yes
t. Counseling Statements: None
u. Prior Board Review: No

SUMMARY OF SERVICE:

The applicant enlisted in the Regular Army on 4 March 2003 for a period of 4 years and reenlisted on 23 April 2010, for a period of 3 years. He was 26 years old at the time and completed 14 years of education. He served in Iraq and Afghanistan. He earned five ARCOMs and three AAMs and completed 10 years, 9 months, and 19 days of active duty service and completed 10 years, 11 months and 1 days of military service. The extension of service was at the request and for the convenience of the government in support of a contingency operation served in a designated imminent danger pay area.

SEPARATION FACTS AND CIRCUMSTANCES:

1. The evidence of record shows on 15 October 2013, Department of Army, Headquarters, Third Infantry Division and Fort Stewart, Fort Stewart, issued Orders 288-0037, reassigning the applicant to the Army transition point. On 17 October 2013, the applicant received amended orders 290-0002, changing his orders to read Soldier and family members are eligible for transitional health care under 10 USC, Section 1145, with an expiration date at 180 days from the applicant separation. On 18 October 2012, the applicant received amended orders 291-0012, changing his report to the transition point from 12 December 2013 to
22 December 2013.

2. The record contains a properly constituted DD Form 214 (Certificate of Release or Discharge from Active Duty), which was authenticated by the applicants signature.
His DD Form 214 indicates he was discharged from active duty under the provisions of Chapter 4, AR 635-200 by reason of completion of required active service, with an honorable discharge, a Separation Code of KBK and a reentry code 1.

3. The applicants service record does not contain any evidence of unauthorized absences or time lost.

EVIDENCE OBTAINED FROM THE APPLICANT’S RECORD:

One NCOER covering the period of 5 May 2013 to 29 October 2013, and the applicant was rated as Among the Best and received assessed as a one (1) in Successful from the senior rater.

EVIDENCE SUBMITTED BY THE APPLICANT:

The applicant provided a copy of his online application dated 3 January 2014, copy of DD Form 214; and copies of Orders 288-0037, dated 15 October 2013; Orders 290-0002, dated
17 October 2013; and, Orders 291-0012, dated 18 October 2013.

POST-SERVICE ACTIVITY:

The applicant did not provide any with the application.

REGULATORY AUTHORITY:

1. Army Regulation 635-200 sets forth the basic authority for separation of enlisted personnel. Chapter 4 of that regulation provides, in pertinent part, for the separation of individuals upon completion of required service (i.e., expiration term of service).

2. The characterization of service for Soldiers separated under the provisions of Chapter 4, AR 635-200 will be honorable unless the Soldier is in entry-level status.

3. The service of Soldiers in entry-level status will be uncharacterized. A Soldier is in an entry-level status if the Soldier has not completed more than 180 days of creditable continuous active duty at the time of the discharge or release from active duty.

4. In the case of an ARNGUS or USAR Soldier on active duty (AD) or active duty training (ADT) who is to be discharged, the character of the period of service from which he/she is being discharged will be based solely on military behavior and performance of duty during the current period of service while actually performing AD or ADT.

DISCUSSION AND RECOMMENDATION:

1. The applicants request for a change to his separation code from KBK to MBK was carefully considered. However, after examining the applicants record of service, the documents and the issue submitted with the application, there are insufficient mitigating factors to merit a change to the separation code.

2. According to AR 635-5-1, the applicant received the appropriate SPD code for completion of required active service because the type of separation he received on his DD Form 214 block 23 was discharge and the SPD code assigned to the type of separation is KBK which is correct. The SPD code MBK is for Soldiers who completed their required active service, but were either voluntary (REFRAD) or transferred. Further, 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 “KBK” 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. The regulation further stipulates that no deviation is authorized.

3. The applicant contends the SPD code KBK denies him the TAMP benefits and that he is unable to receive the 180-day continuous Tricare Health benefits after he separated. At the time of discharge the applicant was issued Orders 290-0002, dated 17 October 2013, from the DA, HQS, Third Infantry Division, Fort Stewart, GA informing the applicant that he and his family were eligible for transitional health care under 10 USC, Section 1145 and the expiration date was 180 days from the date of his separation. Further the applicant and his family members were entitled to two years commissary and Post Exchange privileges and the expiration date was two years from the date of his discharge. Subsequently, on 18 October 2013, the applicant was issued an amended Orders 291-0012 from the DA, HQS, Third Infantry Division, Fort Stewart, GA rescinding his discharge date from 12 December 2013 to 22 December 2013.

4. In view of the aforementioned, the applicants separation code (SPD) issued at the time of his discharge was both proper and equitable and recommend the Board deny relief.

SUMMARY OF ARMY DISCHARGE REVIEW BOARD HEARING:

Type of Hearing: Records Review Date: 21 January 2015 Location: Washington, DC

Did the Applicant Testify, NA

Counsel: None

Witnesses/Observers: NA

Board Vote:
Character Change: 0 No Change: 5
Reason Change: 0 No Change: 5
(Board member names available upon request)

Board Action Directed:
Issue a new DD Form 214: No
Change Characterization to: No Change
Change Reason to: No Change
Change Authority for Separation: NA
Change RE Code to: NA
Grade Restoration to: NA
Other: NA

Legend:
AMHRR – Army Military Human Resource Record FG – Field Grade IADT Initial Active Duty Training RE – Reentry
AWOL – Absent Without Leave GD – General Discharge NA – Not applicable SCM- Summary Court Martial
BCD – Bad Conduct Discharge HS – High School NIF – Not in File SPCM – Special Court Martial
CG – Company Grade Article 15 HD – Honorable Discharge OAD – Ordered to Active Duty UNC – Uncharacterized Discharge
CID – Criminal investigation Department MP Military Police OMPF – Official Military Personnel File UOTHC – Under Other Than Honorable Conditions

ADRB Case Report and Directive (cont) AR20140000757

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ARMY DISCHARGE REVIEW BOARD (ADRB)

CASE REPORT AND DIRECTIVE

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