APPLICANT REQUESTS:  In effect, that his discharge be upgraded to an honorable discharge and he be compensated for 13 years of faithful service by receiving perhaps a Special Separation Benefit (SSB) or Voluntary Separation Incentive (VSI) entitlement.

APPLICANT STATES:  He had a very promising career when he made a terrible mistake by committing adultery.  He feels he was treated unjustly.

EVIDENCE OF RECORD:  The applicant’s military records show:

He enlisted in the Regular Army on 27 March 1984 and had continuous service until his discharge.  The highest grade he held was Staff Sergeant, E-6.

On 18 April 1997, the applicant accepted non-judicial punishment under Article 15, Uniform Code of Military Justice for having sexual intercourse with a woman not his wife.  His punishment was a reduction to pay grade E-5, a forfeiture of $850 pay for 2 months, and restriction and extra duty for 45 days.

On 24 April 1997, the applicant completed a separation physical and was found qualified for separation. 

On 29 April 1997, separation proceedings under the provisions of Chapter       14, Army Regulation 635-200 were initiated for misconduct.

On 29 April 1997, the applicant acknowledged the separation action, waived his right to have his case considered by a board of officers and representation by counsel before such a board.  He did submit statements in his own behalf.

On 30 April 1997, the applicant completed a mental status evaluation and was found to be mentally responsible, mentally capable of understanding and participating in board proceedings and psychiatrically cleared for any administrative action deemed appropriate by his command.

On 6 May 1997, the appropriate authority approved the recommendation for separation and directed the applicant receive a general discharge.

On 13 May 1997, the applicant was discharged, in pay grade E-5, under the provisions of Army Regulation 635-200, Chapter 14 for misconduct.  He had completed 13 years, 1 month and 17 days of creditable active service and had no lost time.  His awards and decorations included the Meritorious Service Medal, the Army Commendation Medal (2d Oak Leaf Cluster), the Army Achievement Medal (5th Oak Leaf Cluster) and the Army Good Conduct Medal (4th Award).

Army Regulation 635-200 sets forth the basic authority for the separation of enlisted personnel.  Chapter 14 establishes policy and prescribes procedures for separating members for misconduct.  Specific categories include minor disciplinary infractions, a pattern of misconduct, commission of a serious offense, convictions by civil authorities, desertion or absence without leave.  Action will be taken to separate a member for misconduct when it is clearly established that rehabilitation is impracticable or is unlikely to succeed.

On 12 June 1998, the Army Discharge Review Board (ADRB) upgraded the applicant’s discharge to an honorable discharge based upon his previous          13 years of commendable service.

U. S. Code, Title 10, section 1174a provides the authority for awarding an eligible soldier who volunteers to separate in order to meet a need of the armed force to reduce the number of members in certain grades, who have completed a certain number of years of active service, or who possess certain military skills a special separation benefits payment.

U.S. Code, Title 10, section 1175 provides the authority for awarding an eligible soldier who volunteers for appointment, enlistment or transfer to a reserve  component a voluntary separation incentive.

The DoD Financial Management Regulation, Volume 7A, Chapter 35, authorizes full separation pay when a member meets each of four conditions, one of which is being involuntarily separated through denial of reenlistment when the member is fully qualified for retention but is denied reenlistment.  Half separation pay is authorized when a member meets each of four conditions, one of which is the member is not fully qualified for retention and is denied reenlistment under any of the following conditions:  expiration of service obligation; selected changes in service obligation; convenience of the government; homosexuality; drug or alcohol abuse rehabilitation failure; security; or weight control failure.

DISCUSSION:  Considering all the evidence, allegations, and information presented by the applicant, together with the evidence of record, applicable law and regulations it is concluded:

1.  In order to justify correction of a military record the applicant must show to the satisfaction of the Board, or it must otherwise satisfactorily appear, that the record is in error.  The applicant has failed to submit evidence that would satisfy the aforementioned requirement.

2.  The applicant’s administrative separation was accomplished in compliance with applicable regulations.  The ADRB upgraded his discharge to fully honorable based upon his previous 13 years of commendable service.

3.  The applicant does not meet the requirements for receipt of either the SSB or the VSI since those payments were authorized only for certain eligible soldiers who volunteered for separation in an effort to reduce the active Army’s end strength.

4.  The applicant does not meet all of the conditions required for receipt of either full or half separation pay since he was not fully qualified for retention at the time of his separation.

5.  In view of the foregoing, there is no basis for granting the applicant's request.

DETERMINATION:  The applicant has failed to submit sufficient relevant evidence to demonstrate the existence of probable error or injustice.

BOARD VOTE:

                       GRANT          

                       GRANT FORMAL HEARING

                       DENY APPLICATION

						Loren G. Harrell
						Director