PROCEEDINGS

	IN THE CASE OF: 

	BOARD DATE:                              
	DOCKET NUMBER:   AC98-10100

	I certify that hereinafter is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in the case of the above-named individual.  

	Mr. Loren G. Harrell		Director	
	Mrs. Wade.		Analyst	

  The following members, a quorum, were present:

	Mr. 		Chairperson	
	Mr. 		Member	
	Mr. 		Member	

	The applicant and counsel if any, did not appear before the Board.

	The Board considered the following evidence:

	Exhibit A - Application for correction of military 
                records
	Exhibit B - Military Personnel Records (including
	            advisory opinion, if any)

FINDINGS:

1.  The applicant has exhausted or the Board has waived the requirement for exhaustion of all administrative remedies afforded by existing law or regulations.

2.  The applicant requests in effect, that his separation program designator (SPD) code be changed and that he be issued a new DD Form 214.

3.  The applicant states in effect, that he was involuntarily discharged from the Regular Army (RA) for failure to be selected for permanent promotion and that his SPD code incorrectly reflects he was separated for general/miscellaneous reasons.

4.  The applicant initially entered the RA on 5 February 1985 as an enlisted soldier.  After serving 5 years the applicant was honorably discharged.  After accepting an appointment in the US Army Reserve (USAR) as a second lieutenant, orders dated 9 July 1992 assigned the applicant to Fort Benning, Georgia for the infantry officer basic course.  He reported on 26 September 1992.

5. The applicant’s military records show that he was involuntarily separated from the RA with an honorable characterization of service, on 1 December 1996, in the pay grade of 0-1.  At the time of separation the applicant had completed 9 years, 8 months, and 4 days of active military service.

6.  The applicant’s DD Form 214 (Certificate of Release or Discharge from Active Duty) issued to the applicant at the time of separation does not list the separation authority.  It does list the reason as miscellaneous/general reasons and the separation code as JND.  The applicant’s separation orders documents that he was released from active duty, under the provisions of Chapter 5, AR 600-8-24 because he was twice nonselected for promotion.  His separation orders authorized full separation pay in accordance with 10 USC 1174.

7.  DD Form 214, Block 18 contained the proper remarks authorizing separation pay in the amount of $21,431.43 and verified that the applicant had completed his first full term of service.  Under the provisions of DA Circular 635-92-1, the applicant was authorized to receive full separation pay, based on being twice nonselected for promotion, having completed his first full term, and over 6 years of active military service.

8.  DA Circular 635-92-1 (Separation Pay) outlines the prerequisites for awarding separation pay.  It states, in pertinent part, that soldiers who are twice nonselected for promotion, who have completed their first full term of service, and have over 6 years of active service are eligible for full separation pay.

9.  Army Regulation 635-5-1 (Separation Program Designator (SPD) Codes) contains the policy for standardization of certain entries on the DD Form 214.  It further defines the SPD codes to be used and the authorities and reasons for their use and control.  This regulation directs that the SPD Code of JGB be used for soldiers who are separated based on being twice non-selected for promotion.

CONCLUSIONS:

1.  The Board concluded that the applicant was eligible for full separation pay at the time of his separation.  The evidence of record indicates he met the regulatory prerequisites for full separation pay, based on his having completed his first full term of service and over 6 years of active service, and the fact that he was twice non-selected for promotion.

2.  The SPD code JND contained in Block 26 of the applicant’s DD Form 214 is incorrect.  The SPD code assigned the applicant should have been JGB based on the applicant’s eligibility for separation pay and the narrative reason for separation being non-selected for promotion.

3.  In view of the foregoing, the applicant’s records should be corrected as recommended below.

RECOMMENDATION:

1.  That all of the Department of the Army records related to this case be corrected by adding the separation authority chapter 5, AR 600-8-24 in Block 25 of the DD 214, changing the narrative reason in Block 28 to non-selection, promotion, assigning the applicant the SPD code JGB in Block 26, and issuing a new DD Form 214.

2.  That all financial records of the individual concerned be corrected to reflect that he was entitled to full separation pay at the time he was released from active duty.

BOARD VOTE:  

________  ________  ________  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		______________________
		        CHAIRPERSON