1. Applicant's Name: a. Application Date: 11 January 2017 b. Date Received: 7 February 2017 c. Counsel: None 2. REQUEST, ISSUES, BOARD TYPE, AND DECISION: The applicant requests to change the separation code that corresponds with the narrative reason for discharge. The applicant seeks relief contending, in pertinent part and in effect, believes the separation code unjustly designated as "SGB," which should be changed to "RBD1." The record is in error or unjust, because the applicant's military goal had always been to serve 20 years and retire. Therefore, the applicant made one's intentions clear to the chain of command and branch manager that the applicant did not desire to compete in the November 2005 promotion board. The applicant submitted the request for retirement on 17 December 2015, to meet the timeline set forth in MILPER message 15-247. However, the applicant did not receive the approval of the request for retirement until 24 February 2016. Such delay caused the change of separation code from "RBD1" to "SGB" in the separation orders. In a records review conducted at Arlington, VA on 11 December 2019, and by a 5-0 vote, the Board denied the request upon finding the separation was both proper and equitable. (Board member names available upon request) 3. DISCHARGE DETAILS: a. Reason / Authority / Codes / Characterization: Non-Selection, Permanent Promotion / AR 600-8-24, Chapter 6 and Paragraph 5-9f / SGB / NA / Honorable b. Date of Discharge: 31 August 2016 c. Separation Facts: (1) Date of Notification of Intent to Separate: NIF (2) Basis for Separation: NIF (3) Recommended Characterization: NIF (4) Legal Consultation Date: NIF (5) Administrative Separation Board: NIF (6) Separation Decision Date / Characterization: NIF / Honorable 4. SERVICE DETAILS: a. Date / Period of Appointment: 14 July 1999 / Appointment on indefinite term b. Age at Appointment / Education / GT Score: 29 / Bachelor of Arts / NA c. Highest Grade Achieved / MOS / Total Service: O-4 / 15B, Aviation Combined Arms Operations / 22 years, 5 months, 16 days d. Prior Service / Characterizations: RA (28 April 1992 to 27 April 1995) / HD (Per NGB Form 22) ARNG (28 April 1995 to 26 August 1997) / HD ROTC Cadet (27 August 1997 to 13 July 1999) / NA e. Overseas Service / Combat Service: Germany, SWA, Hawaii / Iraq (4 February 2004 to 28 January 2005), (24 June 2010 to 23 June 2011) f. Awards and Decorations: BSM-2; MSM-2; AM; ARCOM-3; AAM; AGCM; NDSM-BS; ICM-2CS; GWOTEM; GWOTSM; HSM; NCOPDR; ASR; OSR-4; MUC-2 g. Performance Ratings: 15 OERs: 18 December 2000 thru 20 June 2001, Outstanding Performance, Must Promote 21 June 2001 thru 3 June 2002, Outstanding Performance, Must Promote 4 June 2002 thru 3 June 2003, Outstanding Performance, Must Promote 4 June 2003 thru 3 June 2004, Outstanding Performance, Must Promote 4 June 2004 thru 31 December 2004, Outstanding Performance, Must Promote 1 January 2005 thru 15 May 2005, Outstanding Performance, Must Promote 16 May 2005 thru 16 December 2005, Outstanding Performance, Must Promote 16 December 2005 thru 7 July 2006, Outstanding Performance, Must Promote 7 July 2006 thru 6 June 2007, Outstanding Performance, Must Promote 7 June 2007 thru 29 May 2008, Outstanding Performance, Must Promote 30 May 2008 thru 29 May 2009, Outstanding Performance, Must Promote 30 May 2009 thru 23 March 2010, Outstanding Performance, Must Promote 24 March 2010 thru 23 March 2011, Outstanding Performance, Must Promote 24 March 2011 thru 9 September 2011, Outstanding Performance, Must Promote 10 September 2011 thru 4 February 2012, Outstanding Performance, Must Promote Field Grade Plate OER: 1 May 2015 thru 29 April 2016, Proficient h. Disciplinary Action(s) / Evidentiary Record: Orders 060-0007, dated 29 February 2016, indicates, in pertinent part, the "Retirement/ Separation date: 31 August 2016"; "SPD: RBD1"; and "Statute authorizing retirement: [10 USC §] 3911." Orders 118-0007, dated 27 April 2016, amended Orders 060-0007, to read an "SPD: SGB1." Orders 141-0004, dated 20 May 2016, amended Orders 060-0007, reading "CAREER STATUS BONUS: 2 - SOLDIER IS ELIGIBLE AND HAS ELECTED TO PARTICIPATE" was amended/changed to "CAREER STATUS BONUS: 3 - SOLDIER IS ELIGIBLE AND HAS ELECTED NOT TO PARTICIPATE." i. Lost Time / Mode of Return: None / NA j. Diagnosed PTSD / TBI / Behavioral Health: None 5. APPLICANT-PROVIDED EVIDENCE: Online application; IG Email; MILPER Message 15-247; DD Form 214; Retirement Orders; and commander's memorandum for record, dated 16 August 2016. 6. POST SERVICE ACCOMPLISHMENTS: None provided with the application. 7. REGULATORY CITATION(S): Army Regulation (AR) 600-8-24 (Officer Transfers and Discharges), sets forth the basic authority for the separation of commissioned and warrant officers. Chapter 4 outlines the policy and procedure for the elimination of officers from the active Army for substandard performance of duty, misconduct, moral or professional dereliction, and in the interest of national security. Chapter 5 prescribes disposition and procedures concerning miscellaneous types of separations whereby an officer may be dismissed, released, separated, and discharged from AD. In pertinent part, Section V, provides for the process of commissioner officer, who are twice non- selected for active duty list promotion by a Headquarters, Department of the Army Centralized Board. Paragraph 5-9 provides for rules for processing separation of commissioned officers who are twice non-selected for active duty list promotion by a Headquarters, Department of the Army centralized board. Paragraph 5-9f stipulates that an 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 the second time. Chapter 6 and Section I prescribes on retirements and overview of the officer retirement program. In pertinent part, chapter 6 applies to non-disability retirement of ADL (Active Duty List) commissioned officers who have 20 years or more of Active Federal Service. It stipulates that a commissioned officer, in the rank of major and below may retire in the highest rank served satisfactorily on AD for 6 or more months unless entitled by law to a higher grade (10 USC § 1370(a)(1)); and that a commissioned officer must serve on AD three years in grade to retire in rank above major and below lieutenant general; however, the Secretary of the Army as authorized may waive this requirement in individual cases involving extreme hardship or exceptional or unusual circumstances (10 USC § 1370(a)(2)). Army Regulation 635-5-1 (Separation Program Designator (SPD) Codes), dated 10 December 2007, provided the specific authorities (regulatory or directive), reasons for separating Soldiers from active duty, and the SPD codes to be entered on the DD Form 214. It identifies the SPD code of "SGB" as the appropriate code to assign officers who are discharged under the provisions of Army Regulation 600-8-24, Chapter 6 and paragraph 5-9f, "Non-Selection, Permanent Promotion." Current AR 635-5-1, dated 13 February 2019, provides the SPD code of "SGB" as the appropriate code to assign officers who are discharged under the provisions of Army Regulation 600-8-24, "Non-Selection, Permanent Promotion." Additionally, the former regulation identifies the SPD code of "RBD" as the appropriate code to assign officers who are discharged under the provisions of Army Regulation 600-8-24, paragraph 6-14c(1) or (2), or paragraph 6-14d or e, "Sufficient Service for Retirement." Current regulation provides the SPD code of "RBD" as the appropriate code to assign officers who are discharged under the provisions of Army Regulation 600-8-24, "Sufficient Service for Retirement." 8. DISCUSSION OF FACT(S): The applicant requests to change the separation code that corresponds with the narrative reason for his discharge. The applicant's available record of service, and the issues and documents submitted with his application were carefully reviewed. The applicant's record is void of the specific facts and circumstances concerning the events which led to his discharge from the Army. The record contains a properly constituted DD Form 214 (Certificate of Release or Discharge from Active Duty), which was digitally authenticated by the applicant's signature. This document identifies the reason and characterization of the discharge and the presumption of government regularity prevails in the discharge process. The DD Form 214 shows the applicant was discharged under the provisions of Chapter 6 and paragraph 5-9f, AR 600-8-24, for non-selection, permanent promotion, with an honorable characterization. Barring evidence to the contrary, it appears that all requirements of law and regulation were met and the rights of the applicant would have been protected throughout the separation process. The applicant's contentions that his separation code unjustly designated as "SGB," should have been an "RBD1" code, which was an error because his goal was to serve 20 years and retire, were carefully considered. However, there is a presumption of regularity in the conduct of governmental affairs that shall be applied in any review unless there is substantial credible evidence to rebut the presumption. The applicant bears the burden of overcoming this presumption through the presentation of substantial and credible evidence to support his issues. There is no evidence in the record, nor has the applicant produced sufficient evidence to support the contention that he was unjustly discharged. The applicant's statements alone do not overcome the government's presumption of regularity and no additional corroborating and supporting documentation or further sufficient evidence has been provided with the request for a change to the separation code that corresponds with the narrative reason for his discharge. If the applicant desires a personal appearance hearing, it would be his responsibility to meet the burden of proof and provide the appropriate documents (i.e., the complete discharge packet as it pertains to DA correspondence on his non-selection for promotion) or other evidence sufficient to explain the facts, circumstances, and reasons underlying the separation action, for the Board's consideration because they are not available in the official record. Based on the available record, the discharge was consistent with the procedural and substantive requirements of the regulation, was within the discretion of the separation authority, and the applicant was provided full administrative due process. 9. BOARD DETERMINATION: In a records review conducted at Arlington, VA on 11 December 2019, and by a 5-0 vote, the Board denied the request upon finding the separation was both proper and equitable. 10. BOARD ACTION DIRECTED: a. Issue a New DD-214 / Issue a New Separation Order: No b. Change Characterization to: No Change c. Change Reason to: No Change d. Change Authority to: No Change e. Change SPD / RE Code to: No Change Authenticating Official: Legend: AWOL - Absent Without Leave GD - General Discharge NCO - Noncommissioned Officer SCM - Summary Court Martial BCD - Bad Conduct Discharge HS - High School NIF - Not in File SPCM - Special Court Martial BH - Behavioral Health HD - Honorable Discharge NOS - Not Otherwise Specified SPD - Separation Program Designator CG - Company Grade Article 15 IADT - Initial Active Duty Training OAD - Ordered to Active Duty TBI - Traumatic Brain Injury CID - Criminal Investigation Division MP - Military Police OMPF - Official Military Personnel File UNC - Uncharacterized Discharge ELS - Entry Level Status MST - Military Sexual Trauma PTSD - Post-Traumatic Stress Disorder UOTHC - Under Other Than Honorable Conditions FG - Field Grade Article 15 NA - Not applicable RE - Reentry VA - Veterans Affairs ARMY DISCHARGE REVIEW BOARD CASE REPORT AND DIRECTIVE AR20170001741 1