IN THE CASE OF: BOARD DATE: 6 April 2017 DOCKET NUMBER: AR20150017444 BOARD VOTE: _________ _______ ________ GRANT FULL RELIEF ________ ________ ________ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING __x_____ ____x___ ___x_____ DENY APPLICATION 2 Enclosures 1. Board Determination/Recommendation 2. Evidence and Consideration IN THE CASE OF: BOARD DATE: 6 April 2017 DOCKET NUMBER: AR20150017444 BOARD DETERMINATION/RECOMMENDATION: The evidence presented does not demonstrate the existence of a probable error or injustice. Therefore, the Board determined the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned. _____________x____________ CHAIRPERSON 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. IN THE CASE OF: BOARD DATE: 6 April 2017 DOCKET NUMBER: AR20150017444 THE BOARD CONSIDERED THE FOLLOWING EVIDENCE: 1. Application for correction of military records (with supporting documents provided, if any). 2. Military Personnel Records and advisory opinions (if any). THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE: 1. The applicant requests correction of the narrative reason for separation and reentry eligibility (RE) code shown on his DD Form 214 (Certificate of Release or Discharge from Active Duty). 2. The applicant states, in effect: a. His narrative reason for separation indicates he has an unacceptable code of “JNC” (presumed to reference item 26 (Separation Code)) which, in perspective, may affect his reentry into active service. He requests an amendment of his narrative reason for separation to reflect a legitimate response which substantiates an RE code 1. b. An unsubstantiated record was filed in his Official Military Personnel File after a careful investigation of allegations were found to be erroneous and untrue. His ex-wife agitated the Inspector General support levels to force his command team to take action in proceedings in a civil divorce. Threats and unjustifiable attempts by his ex-wife to contact him on battalion premises were uncontrollable under civilian restraint orders while filing for the divorce. After apathy had developed throughout the command team, the only effective way to relieve the surmise of allegations was to temporarily conclude his present service to allocate time for restructuring. 3. The applicant provides no additional evidence. CONSIDERATION OF EVIDENCE: 1. Having prior enlisted service in the Regular Army, the applicant was commissioned as a second lieutenant in the Regular Army on 24 June 2011. He was promoted to first lieutenant on 21 November 2012. 2. On 19 March 2013, he received a general officer memorandum of reprimand (GOMOR) for failing to obey a commissioned officer (violating a no-contact order). 3. On 13 June 2013, he received a GOMOR for creating fraudulent permanent change of station orders in an effort to wrongfully terminate a housing lease. 4. On 13 June 2013, he was notified of initiation of elimination proceedings for acts of personal misconduct under the provisions of Army Regulation 600-8-24 (Officer Transfers and Discharges), paragraph 4-2b. 5. He was directed to show cause for retention in the Army for acts of personal misconduct. 6. The Army Ad Hoc Review Board recommended the applicant's elimination with the issuance of a general discharge. 7. On 25 November 2013, the Deputy Assistant Secretary of the Army (Review Boards) approved the recommendation of the Army Ad Hoc Review Board and directed the applicant's discharge with his service characterized as general under honorable conditions. 8. On 9 December 2013, he was discharged for unacceptable conduct under the provisions of Army Regulation 600-8-24, paragraph 4-2b. He completed a total of 7 years, 10 months, and 3 days of combined enlisted and commissioned active service. 9. His DD Form 214 shows in: * item 24 (Character of Service) – Honorable * item 25 (Separation Authority) – Army Regulation 600-8-24, paragraph 4-2b * item 26 (Separation Code) – JNC * item 27 (Reentry Code) – NA (Not Applicable) * item 28 (Narrative Reason for Separation) – Unacceptable Conduct REFERENCES: 1. Army Regulation 600-8-24 sets forth the basic authority for officer transfers and discharges. a. Chapter 4 outlines the policies and procedures for eliminating an officer from the Army for substandard performance of duty, misconduct, moral or professional dereliction, and in the interest of national security. b. An officer will normally receive an honorable characterization of service when the quality of the officer's service has met the standards of acceptable conduct and performance of duty or the final revocation of a security clearance under Department of Defense Directive 5200.2-R and Army Regulation 380-67 (Personnel Security Program) for reasons that do not involve acts of misconduct. c. An officer will normally receive an under honorable conditions characterization of service when the officer's military record is satisfactory, but not sufficiently meritorious to warrant an honorable discharge. A separation under honorable conditions will normally be appropriate when an officer: (1) submits an unqualified resignation or a request for release from active duty under circumstances involving misconduct; (2) is separated based on misconduct, including misconduct for which punishment was imposed, which renders the officer unsuitable for further service, unless a separation under other than honorable conditions is appropriate; (3) is discharged for physical disability resulting from intentional misconduct or willful neglect, or which was incurred during a period of unauthorized absence; or (4) is discharged for the final revocation of a security clearance under Department of Defense Directive 5200.2-R and Army Regulation 380-67 as a result of an act or acts of misconduct, including misconduct for which punishment was imposed, unless a discharge under other than honorable conditions is appropriate. 2. Army Regulation 601-210 (Active and Reserve Components Enlistment Program) covers eligibility criteria, policies, and procedures for enlistment and processing into the Regular Army, U.S. Army Reserve, and Army National Guard. Paragraph 3-14(3) states Regular Army officers do not have a statutory entitlement to reenlist. 3. Army Regulation 635-5-1 (Separation Program Designator (SPD) Codes) prescribes the specific authorities (statutory or other directives), reasons for separating Soldiers from active duty, and the SPD codes to be entered on the DD Form 214. The SPD code “JNC” applies to officers involuntarily discharged for unacceptable conduct. 4. The SPD/RE Code Cross Reference Table, dated 15 June 2006, states RE codes are not applicable to officers. DISCUSSION: 1. The applicant's record of commissioned service included two GOMORs for serious offenses. He knowingly violated the trust and confidence placed in him as a commissioned officer by these acts of misconduct. 2. His narrative reason for separation and associated SPD code were administratively correct and in conformance with applicable regulations at the time of his discharge. 3. Regular Army officers do not have statutory entitlement to reenlist and RE codes are not applicable to officers. 4. A discrepancy between the character of service shown on his DD Form 214 and the service characterization directed by the Deputy Assistant Secretary of the Army (Review Boards) was noted. Nevertheless, it is a long-standing practice of this Board not to effect a records correction that would make an applicant worse off than prior to making an application. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20150017444 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20150017444 4 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2