DRB DIGEST/EXECUTIVE SUMMARY DRB DOCKET 2015-047 NAME• 03 CURRENT DD-214 Honorable, COMDTINST Ml000.6A,ART 12-C-10, RBD, Sufficient service for retirement, RE2 RELIEF REQUESTED Wants Separation code to show retirement as Involuntary RELIEF GRANTED BYDRB Amend Separation code to LBD to be aligned with Separation Authority COMDTINST Ml000.6A,ART 12-C-5 and Title 14 US Code Section 283 ADMIN CORRECTIONS None TIS 20 yrs, 0 months, 10 days Policy Implications None EXECUTIVE SUMMARY: The applicant was discharged for Sufficient Service For Retirement in the summer of 2011. Maiority Board vote (4-1): The applicant was a two-time non selection for promotion to Lieutenant Commander which prompted the involuntary retirement. Upon further research and deliberation on this case, the Majority Board concludes that the Personnel Service Center (PSC), Officer Personnel Management issued the wrong code, as if this were a voluntary retirement with no promotion Board ties. The applicant did not retire from the service on their own volition; rather it was an involuntary retirement. A cross-check of the standard separation code issued for voluntary officer retirements is RBD, the separation code issued to the applicant. The Majority Board notes that there is no tangible benefit to having different retirement - related SPD codes listed on the DD-214 to assist with future employment. The Narrative reason will not list voluntary, involuntary or mandatory, rather all read as sufficient service for retirement. Also of note, the applicant's discharge was before PSC-PSD-FS began their formal counseling in writing (in 2012) for personnel voluntarily requesting retirement yet still owing obligated service to transfer benefits to their dependents. The applicant was not counseled in this fashion. The Majority recommends a change to the separation code of LBD, in line with Title 14 United States Code section 283, "Regular lieutenants; separation for failure of selection for promotion; continuation." Section 283 subparagraph (a)(l) requires a Lieutenant, who fails to promote, to be discharged by 30 June of the promotion year in which his second failure of selection occurs. Section 283 subparagraph (a)(2) prescribes that a Lieutenant, upon request, be discharged at an earlier date, without the loss of benefits that would accrue if the officer was discharged on 30 June of the promotion year in which the second failure of selection occurs. Section 283 subparagraph (a)(3) allows a member who has completed 20 years of active service or who is retirement eligible, under any law, to be retired. Minority Board vote (1-4): Concur with assessment from PSC-PSD-FS staff. The applicant was aware of their actions to voluntarily retire at an earlier date. While the DD-214 does not indicate the terms or intent of the retirement in Blocks 24-28 (voluntary, involuntary or mandatory), the applicant could provide future employers with the OPM separation summary that reads as 'voluntary' supported by 14 U.S.C. 291 in order to curry favor for employment. This is even more likely and plausible given that the applicant is now a government (GS employee). The applicant knew that the new government employer would have access to review this data and having left the service voluntarily to retire could remove any stigma and be the difference in obtaining employment. Now in the current day, the applicant claims it was an involuntary retirement which could lead to the eligibility greater benefits with the Veterans Administration. No changes or relief recommended. Stand as issued. RECOMMENDATION: The Board members thoroughly reviewed the applicant's record of service and all available docum entation3 Propriety: Retirement code was NOT proper. Equity: Retirement was equitable. Final Adjudication By Assistant Commandant for Human Resources: Concur with Majority Board vote. The following relief is granted: DD-214 Item Board Decision 24. Discharge No Change 25. Authority COMDTINST M1000.6A, Art 12-C-5 26. Separation Code LBD 27. Re-entry Code No Change 28. Narrative Reason No Change 3 Record was received from CGPSC-PSD-mr and includes all documentation that was available after a search of available records in the Coast Guard personnel records system and augmented by Direct Access record data.