APPLICANT REQUESTS: The applicant requests that the Separation Program Designator (SPD) on his DD Form 214, Certificate of Release or Discharge From Active Duty, for the period covering 30 September 1980 through 27 August 1991, be corrected to a code which would entitle him to full separation pay.
APPLICANT STATES: In effect, that he has been unfairly denied full separation pay due to the error in his SPD.
EVIDENCE OF RECORD: The applicant's military records show:
He was commissioned as a second lieutenant on 3 July 1980 and entered on active duty on 30 September 1980. He served continuously on active duty, was awarded the specialty skill identifier of counter-intelligence officer, and was promoted to captain.
On 6 June 1991, while assigned as a foreign affairs officer in the rank of captain to the Defense Attaché Office at the American Embassy in Athens, Greece, the applicant was given a memorandum of reprimand (MOR) for presenting a fraudulent Army Physical Fitness Test score card, with forged verifier initials, and for deliberately deceiving a junior officer in an attempt to cover up his actions.
The applicant submitted a response to that MOR, stating that he had been harassed by another officer in the consulate which led to his poor judgment in the incident in question. The applicant admitted to committing the infractions and offered to resign his commission.
On 13 May 1991 the applicant was notified that he was being recommended for involuntary separation due to his misconduct, moral or professional dereliction, and of his rights in conjunction with that recommendation.
On 3 June 1991 the applicant submitted his resignation in lieu of elimination. In his resignation he stated I understand that if this resignation is accepted I will not be entitled to separation pay unless I have been notified in writing that a selection board has determined that I must show cause for retention.
The appropriate authority accepted the applicants resignation and directed that he be issued an Honorable Discharge Certificate. Accordingly, on 27 August 1991 he was honorably discharged for misconduct, professional dereliction. The DD Form 214 he was issued shows that he was assigned the SPD of BNC.
Army Regulation 635-120, Officer Resignations and Discharges, chapter 4, provides for any officer to tender a resignation of his or her commission in lieu of elimination action. The acceptance of the resignation is contingent on several factors, including the nature of the infraction. If the officers resignation is accepted, he or she is furnished an Honorable or General Discharge Certificate, as warranted by his or her military record.
Army Regulation 635-5-1, Separation Program Designators, lists BNC as the SPD for misconduct, professional dereliction.
DISCUSSION: Considering all the evidence, allegations, and information presented by the applicant, together with the evidence of record and applicable law and regulations, it is concluded:
1. The applicant had submitted his resignation in lieu of elimination, his resignation was accepted, and he was discharged for misconduct, professional dereliction.
2. Therefore, the SPD BNC was proper and there is no reason to change it.
3. The applicant stated in his resignation that he understood that he would not be entitled to separation pay if his resignation was accepted.
4. In view of the foregoing, there is no basis for granting the applicants request.
DETERMINATION: The applicant has failed to submit sufficient relevant evidence to demonstrate the existence of probable error or injustice.
BOARD VOTE:
GRANT
GRANT FORMAL HEARING
DENY APPLICATION
Karl F. Schneider
Acting Director
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