ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 24 June 2019 DOCKET NUMBER: AR20170007858 APPLICANT REQUESTS: correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show his separation code as “RBD” instead of “SGB.” APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * Self-Authored Statement * Enclosure 1: Orders Number 196-0502, dated 14 July 2016 * Enclosure 2: Memorandum dated 18 October 2016 for mandatory retirement due to non-selection for promotion * Enclosure 3: Orders Number 307-0509, dated 2 November 2016 * Enclosure 4: Memorandum dated 27 December 2016 from the Office of the Inspector General (IG) * Enclosure 5: Memorandum dated 6 January 2017, applicant’s response requesting separation code on DD Form 214 be changed * Enclosure 6: DD Form 214 (Certificate of Release or Discharge From Active Duty) FACTS: 1. The applicant states his retirement from the Regular Army became effective on 31 January 2017, and prior to his retirement he attempted to have the matter resolved. He lists the details of his efforts in a timeline of key events and are as follows: * 25 March 2016, he applied for retirement upon his anticipated completion of 20 years of active Federal service * 14 July 2016, he received his retirement orders with a separation code of "RBD" (Sufficient Service for Retirement) and a retirement date of 31 January 2017 * 18 October 2016, he was notified that he was a two-time non-selectee for promotion and that his retirement would be processed under Title 10, United States Code (USC) § 580 on or before 31 March 2017 * 25 October 2016, Human Resource Command (HRC) notified him that his retirement orders were amended and his separation code changed to "SGB" (Non-Selection, Permanent Promotion) * 26 October 2016 through 27 December 2016, he attempted to resolve the issue via Fort Rucker Legal Assistance, the Fort Rucker Garrison (G-1), Fort Rucker IG and HRC IG channels * 27 December 2016, HRC IG notified him that he should submit a request for an exception to policy under Army Regulation 600-8-24 (Officer Transfer and Discharges) and AR 635-5-1 (Separation Program Designator Codes) to the Department of the Army (DA) Army G-1 * 6 January 2017, pursuant to the HRC IG's direction, he submitted a memorandum to the Garrison requesting that his separation code on his DD Form 214 be changed * 30 January 2017, his chain of command informed him that the memorandum would be sent to the Army G-1 but that the Army G-1 could not amend his orders after his retirement * 31 January 2017, his retirement from the Army became effective, and he received his DD Form 214 with Copy 4 containing separation code "SGS" 2. The applicant provides: a. Self-authored statement appealing to the Board to resolve his issue of correcting the separation code on his DD Form 214. He provides a timeline of events, the basis of authority for his request and quoted regulations and his counter argument in to his interpretation of 10 USC § 580 in his statement. b. Enclosure 1 – Orders Number 196-0502, retirement orders dated 14 July 2016. c. Enclosure 2 – Memorandum dated 18 October 2016, with subject: Mandatory Retirement Date Due to Non-Selection for Promotion, which states the applicant was not selected for promotion and that he must be involuntarily retired. d. Enclosure 3 – Orders Number 307-0509 dated 2 November 2016, changing his code from SPD: SGB1 to SPD: SGB1. He states he was twice considered, but not selected for promotion to the next higher grade. e. Enclosure 4 – Memorandum dated 27 December, subject: Chief Warrant Officer which states that the applicant has not exhausted his administrative remedies and that office is precluded from taking any action at this time. f. Enclosure 5 – Memorandum, with subject: Request for Proper Designator Code on DD Form 214 for Retiring Warrant Officer and All Similarly-Situated Retiring Warrant Officers, from the applicant with his response requesting separation code on DD Form 214 be changed. g. Enclosure 6 – Applicant’s DD Form 214, copies 1 and 4, with a discharge date of 31 January 2017 and a separation code showing “SGB.” 3. A review of the applicant’s service records shows: a. The applicant served on active duty as an enlisted Soldier from 17 September 1996 to 13 January 2001 and 23 April 2001 to 16 June 2008, completing 11 years, 5 months, and 21 days of active service b. He was appointed as a Reserve warrant officer of the Army and executed an oath of office on 17 June 2008 with concurrent call to active duty. He would later execute an oath of office as a Regular Army warrant officer. c. He was promoted to chief warrant officer two (CW2) on 17 June 2010. d. Military Personnel (MILPER) Message Number 16-034, Subject: Fiscal Year 2016 Chief Warrant Officer Three, Four, and Five Promotion Selection Boards Zones of Consideration, dated 1 February 2016, announced that a promotion board would convene on 10 May 2016. The MILPER Message excluded the names and records of officers with an approved retirement date within 90 days (8 August 2016 or earlier) after the date on which this promotion board convened. Officers with an approved retirement or separation date will have a statement of approved retirement or separation placed in their board file prior to the board under the provisions of Department of the Army memorandum 600-2, paragraph 7. e. Although is request is not available for review, he contends on 25 March 2016, he applied for retirement upon his anticipated completion of 20 years of active Federal service and on 14 July 2016, he received his retirement orders with a separation code of "RBD" (Sufficient Service for Retirement) and a retirement date of 31 January 2017 f. On 14 July 2016, Headquarters, U.S. Army Garrison, Fort Rucker published Orders 196-0502 that released the applicant from active duty, and on the date following, placed on retired list. The orders state effective date of retirement as 31 January 2017, date placed on retired list as 1 February 2017. g. On 18 October 2016, by memorandum, Subject: Mandatory Retirement Date Due to Non-Selection for Promotion, HRC notified the applicant that: (1) The Department of the Army Fiscal Year 2016, Chief Warrant Officer 3/4/5, Aviation and Technical Services Promotion Selection Boards convened pursuant to 10 USC Section 573(a)(1), to consider warrant officers for promotion to the next higher grade. The established strength ceiling limited the number of eligible warrants that could be selected. Many qualified warrant officers could not be promoted. He was not among those selected for promotion by the board. His non-selection reflects the unavoidable fact that not all of the Army’s highly professional warrant officers can be promoted through each successive grade. (2) Pursuant to USC Title 10, Section 580(a)(2) and (3), he must be involuntarily retired from the Army no later than the first day of the seventh month from the approval of the board's report, unless on this date he was within two years of qualifying for retirement, in which case he would be retained on active duty until he became eligible for retirement. Therefore, his mandatory retirement date (MRD) is established as 31 March 2017. (3) Although you are scheduled for involuntarily retirement, AR 600-8-24 permits him to request retirement. The benefits, orders and certificates are the same; however, requesting retirement will allow him sufficient planning time to utilize his transition leave and permissive TDY, as HRC would not be able to approve his retirement without his request until 45 days prior to his MRD. h. The applicant did not acknowledge receipt of this MRD memorandum and did not make an election. i. Orders number 307-0509, dated 2 November 2016 an amendment to orders number 196-0502, dated 14 July 2016 changing his separation code from RBD to SGB. j. He was retired on 31 January 2017 and placed on the retired list in his retired grade of CW2 on 1 February 2017. His DD Form 214 (Certificate of Release or Discharge from Active Duty) shows that he completed 8 years, 7 months and 14 days of active service with 11 years, 5 months and 21 days of prior active service. It also shows in: * Block 25 (Separation Authority), AR 600-8-24, chapter 6 and paragraph 5-9f * Block 28 (Separation Code), SGB 4. By law, an officer or and warrant officer who is within 2 years of qualifying for retirement under chapter 6 (20 years active Federal service) on scheduled release date and who can so qualify prior to attaining the maximum age will be retained on active duty until the last day of the month following the month he or she qualifies for retirement. Maximum ages are specified in chapter 2, section XI (Reserve Component, age 60 or for warrant officer, age 62) or chapter 6, section VII (Regular Army, age 62). 5. The law further states that an officer or warrant officer eligible for retirement under chapter 6 may apply for retirement to be effective not later than the first day of the seventh month beginning after the month in which the President or Secretary of the Army (as applicable) approves the report of the board that considered the officer or warrant officer the second time. 6. AR 635-5-1 Separation Program Designator (SPD) Codes ), are three-character alphabetic combinations that identify reasons for, and types of, separation from active duty. The primary purpose of SPD codes is to provide statistical accounting of reasons for separation. The regulation states that SPD code "SGB" stands for, “Failure of selection for promotion, permanent, retired on established date non-selection permanent promotion, or retained for retirement non-selection permanent promotion. BOARD DISCUSSION: After reviewing the application and all supporting documents, the Board determined that relief was not warranted. Based upon a review of all documentary evidence submitted by the applicant and found within the military service record, the Board concluded that there was insufficient evidence to support that the applicant submitted a retirement request, after the change to the retirement order on 2 November 2016. For that reason, the Board recommended denying the applicant’s request for relief. BOARD VOTE: Mbr 1 Mbr 2 Mbr 3 : : : GRANT FULL RELIEF : : : GRANT PARTIAL RELIEF : : : GRANT FORMAL HEARING X X X DENY APPLICATION 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. 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. REFERENCES: 1. Title 10, USC, section 1552(b), provides that applications for correction of military records must be filed within three years after discovery of the alleged error or injustice. This provision of law also allows the Army Board for Correction of Military Records (ABCMR) to excuse an applicant's failure to timely file within the three-year statute of limitations if the ABCMR determines it would be in the interest of justice to do so. 2. Army Regulation (AR) 600-8-24 (Officer Transfers and Discharges) prescribes the officer transfers from active duty to the Reserve Component (RC) and discharge functions for all officers on active duty for 30 days or more. It provides principles of support, standards of service, policies, tasks, rules, and steps governing all work required to support officer transfers and discharges. Chapter 6, paragraph 5 states that an officer or warrant officer eligible for retirement under chapter 6 may apply for retirement to be effective not later than the first day of the seventh month beginning after the month in which the President or Secretary of the Army (as applicable) approves the report of the board that considered the officer or warrant officer the second time. 3. AR 635-5 (Personnel Separations – Separation Documents), in effect at the time, prescribes the policies and procedures for the preparing and distribution of the DD Form 214. It states for item 25 (Separation Authority), enter the regulatory or other authority cited in the directives authorizing the separation. 4. AR 635-5-1 (Separation Program Designator (SPD) Codes) currently in effect, prescribes the SPD codes and authorities and reasons for separation from active duty. It states, in pertinent part states that SPD codes are three-character alphabetic combinations which identify reasons for and types of separation from active duty. a. SPD Code RBD applies to voluntary retirement for length of service in accordance with AR 600-8-24, paragraph 6-14 c (1) or para 6-14 (d) or (e). b. SPD Code SGB applies to officers not selected for promotion in accordance with AR 600–8–24. ABCMR Record of Proceedings (cont) AR20170007858 6 1