IN THE CASE OF: BOARD DATE: 10 November 2022 DOCKET NUMBER: AR20220002309 APPLICANT REQUESTS: correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) item 28 (Narrative Reason for Separation) and item 26 (Separation Code) to reflect information consistent with his "Involuntary Separation". APPLICANT'S SUPPORTING DOCUMENT(S) CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * SF 180 (Request Pertaining to Military Records) * DA Form 2627 (Record of Proceedings Under Article 15, Uniform Code of Military Justice), 14 January 2021 * Enlisted Record Brief * Orders Number 236-0004, 24 August 2021 * DD Form 214, 4 September 2021 * Email communication FACTS: 1. The applicant states in pertinent part that his most recently issued DD Form 214 is incorrect as it does not accurately reflect the circumstances of his release from active duty. He argues that he was not voluntarily separated, but instead he was involuntarily separated. He notes that if he completed his enlistment contract under normal conditions, he would have remained on active duty through 2024. Instead, he was released upon reaching his Retention Control Point (RCP) at the rank that he was reduced to as a result of the Nonjudicial Punishment (NJP) imposed. Instead of being permitted to serve out the remainder of his contract, he was afforded the opportunity to remain on active duty for 6 months following receipt of the notification that he would be involuntarily separated. He is unable to locate a copy of the documentation reflective of his Expiration Term Service (ETS) date being changed from 2024 to 2021. 2. A review of the applicant's available service records reflects the following: a. On 9 June 2010, the applicant enlisted in the Regular Army for 5-years. b. On 11 May 2015, the applicant reenlisted for 4 years. c. On 27 July 2017, Headquarters, Second Cavalry Regiment issued Orders Number 208-005 announcing the applicant's promotion to the rank/grade of staff sergeant (SSG)/E-6, effective 1 August 2017. d. On 22 March 2019, the applicant accepted NJP under the provisions of Article 15, UCMJ for violating Article 86 in that on 7 and 10 December 2018 and 24 January 2019 he failed to report to his appointed place of duty and on 26 January 2019, he failed to maintain accountability of 20 Multiband inter/Intra Team Radios on violation of Article 92, UCMJ. His commander imposed the following punishments: * reduction to the rank/grade of sergeant (SGT)/E-5 – Date of Rank (DOR) 22 March 2019 * 45 days of restriction * 45 days of extra duty e. On 3 September 2020, the applicant was suspended from receiving favorable personnel actions. An adverse action flag was imposed within his records. f. On 14 January 2021, the applicant accepted NJP under the provisions of Article 15, UCMJ for failing to obey a lawful order in violation of Article 90. His commander imposed the following punishments (22 March 2021): * reduction to Specialist (SPC) – DOR 8 March 2021 * 45 days of restriction * 45 days of extra duty g. On 24 August 2021, the Installation Management Command issued Orders Number 236-0004 reassigning the applicant to the U.S. Army transition point pending separation. The additional instructions provided on these orders reflect that the applicant was not entitled to Separation Pay. h. On 4 September 2021, the applicant was honorably discharged from the Army in accordance with Army Regulation (AR) 635-200 (Active Duty Enlisted Administrative Separations), Chapter 4. DD Form 214, item 26 (Separation Code) reflects "JBK"; item 28 (Narrative Reason for Separation) reflects "Completion of Required Active Service"; item 18 (Remarks) reflects that the applicant was "not entitled to Separation Pay"; item 12c. (Net Active Service this period) reflects "11 years, 2 months, and 26 days." 3. The applicant provides: a. SF 180 wherein he requests a correction to his separation code and correction of his DD Form 214 to show an involuntary separation. b. Email communication between his spouse and the U.S. Army Human Resources Command (HRC) pertaining to his separation documents, particularly concerning his lack of entitlement to Separation pay. The applicant was redirected to this Board for relief. 4. On 4 October 2022, the Office of the Deputy Chief of Staff, G-1, Chief, Military Pay Branch provided an advisory opinion recommending disapproval of the applicant's request for entitlement to Separation Pay citing that in accordance with AR 637-2 (Separation Pay (Non-disability) and Levels of Payment), Table 2-2 (Rule 4 (c)), a service member with a Reenlistment Prohibition Code of "8G" on their Enlisted Record Brief are not eligible for involuntary Separation Pay. 5. On 10 October 2022, the applicant was provided with a copy of the advisory opinion and afforded 15 days to provide comments. As of 8 November 2022, the applicant had not responded. BOARD DISCUSSION: After reviewing the application and all supporting documents, the Board determined relief was not warranted. The applicant's contentions, the military record, and regulatory guidance were carefully considered. Based upon the available documentation, the findings and recommendation of the G1 advisory opinion, and the lack of any rebuttal of those findings and recommendation submitted by the applicant, the Board concluded there was insufficient evidence of an error or injustice warranting a change to the applicant’s DD Form 214. 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. AR 637-2 (Separation Pay (Non-disability) and Levels of Payment), Table 2-2 (Rule 4 (c)), provides that an enlisted Soldier with an Immediate Reenlistment Prohibition (IMREPR) code of 8G (Grade-Past RCP due to reduction /removal from promotion standing list) in place at separation from Active Duty are not entitled to Separation Pay. Eligible Soldiers must request reenlistment/extension or extension to their respective Retention Control Point (RCP) in order to qualify for separation pay. Soldiers who choose not to request reenlistment/extension are not entitled to separation pay due to RCP. Those Soldiers who are within 30 days of RCP will be categorized as having reached their RCP. 2. AR 601-280 (Army Reenlistment Program) table 3-1 (Retention Control Point) provides that Soldiers in the rank of Specialist (SPC) may serve a maximum of 10 years on active duty. A Soldier may not exceed their retention control point by more than 29 days before expiration of contracted service. Soldiers who reach their RCP during their current enlistment agreement, either through length of service, reduction in rank, or by removal from a promotion list, whether voluntary or involuntary, may serve until contracted Expiration Term of Service (ETS), unless they are separated earlier under applicable administrative, physical disability, or UCMJ separation provisions. 3. AR 635-8 (Separation Processing and Documents) provides that the DD Form 214 is a summary of the Soldier's most recent period of continuous active duty. It provides a brief, clear-cut record of all current active, prior active, and prior inactive duty service at the time of REFRAD, retirement, or discharge. Item 28 (Narrative Reason for Separation) on the DD Form 214 is based on regulatory guidance or other authority and may be cross referenced with AR 635-5-1 (Separation Program Designator Codes). Item 26 (Separation Code) on the DD Form 214 is determined by AR 601-210 (Regular Army and Reserve Components Enlistment Program). Code "JBK" pertains to completion of required active service (Involuntary Discharge). Code "JCC" pertains to "Early Separation" (Involuntary Discharge) and "JGH" pertains to Non-Retention on active duty (Involuntary Discharge)." The following codes pertain to "Voluntary Discharges" "KBK" – Completion of Required Active Service, "KCC" Reduction in Force, "KGH" Non Retention on active duty 4. AR 635-5 -1(Separation Program Designator (SPD)/Reentry (RE) Code cross reference provides that "RE Code "3" applies when a Soldiers record indicates that he/she is ineligible for or otherwise denied immediate reenlistment. //NOTHING FOLLOWS// ABCMR Record of Proceedings (cont) AR20220002309 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1