RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        7 September 2006
      DOCKET NUMBER:  AR20060003306


      I certify that hereinafter is recorded the true and complete record
of the proceedings of the Army Board for Correction of Military Records in
the case of the above-named individual.

|     |Mr. Carl W. S. Chun               |     |Director             |
|     |Ms. Beverly A. Young              |     |Analyst              |


      The following members, a quorum, were present:

|     |Ms. Susan Powers                  |     |Chairperson          |
|     |Mr. Jonathan Rost                 |     |Member               |
|     |Mr. David Haasenritter            |     |Member               |

      The Board considered the following evidence:

      Exhibit A - Application for correction of military records.

      Exhibit B - Military Personnel Records (including advisory opinion,
if any).

THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:

1.  The applicant requests that his narrative reason for separation be
changed.

2.  The applicant states that he completed over 16 years of Federal active
military service.  He requests to receive an appropriate separation pay
code in order to receive compensation for the time he served.

3.  The applicant provides his DD Form 214 (Certificate of Release or
Discharge from Active Duty) and two character references.

CONSIDERATION OF EVIDENCE:

1.  After having had prior service in the U.S. Army Reserve, the applicant
enlisted in the Regular Army on 26 May 1988.  He was discharged on 21
December 1991 for immediate reenlistment and continued to serve on active
duty through a series of reenlistments.  He was promoted to sergeant, E-5
on 1 July 1995.

2.  On 28 April 2004, the applicant accepted nonjudicial punishment under
the provisions of Article 15, Uniform Code of Military Justice for being
absent without leave (AWOL) from 4 April 2004 through 19 April 2004.

3.  On 20 July 2004, the applicant’s unit commander notified him of
initiation of separation action under the provisions of Army Regulation 635-
200, chapter 13 for unsatisfactory performance.  He was advised of his
rights (but he was not formally advised he had the right to an
administrative separation board).  The applicant consulted with legal
counsel, waived his right to appear before an administrative separation
board, and did not submit a statement in his own behalf.

4.  On 21 July 2004, the separation authority approved the recommendation
for separation, waived rehabilitation requirements, and directed issuance
of a general under honorable conditions discharge.

5.  The applicant was discharged on 31 July 2004 under the provisions of
Army Regulation 635-200, chapter 13, for unsatisfactory performance.  He
had completed 9 months and 2 days on his current enlistment with 15 days of
lost time due to AWOL.  He had a total of 17 years, 6 months, and 13 days
of military service.  The applicant’s DD Form 214 shows his separation code
as “JHJ” (Unsatisfactory Performance) and his Reentry Eligibility (RE) code
of “RE-3.”


6.  On 2 November 2005, the Army Discharge Review Board (ADRB) upgraded the
applicant’s characterization of service to honorable and changed the reason
for discharge to Secretarial Authority.  The ADRB found his discharge to be
inequitable because he did not receive effective notification of his right
to appear before an administrative separation board.  His separation code
was changed to “JFF” (Secretarial Authority) and his RE code was changed to
RE-1.

7.  Army Regulation 635-5-1 (Separation Program Designator (SPD) Codes)
prescribes the specific authorities (regulatory, statutory, or other
directives), the reasons for the separation of members from active military
service, and the SPD codes to be used for these stated reasons.  The
regulation shows that the SPD code “JFF”, as shown on the applicant’s DD
Form 214, specifies the narrative reason for discharge as “Secretarial
Authority” and that the authority for discharge under this separation
program designator is “AR 635-200, paragraph 5-3”.

8.  Paragraph 4-10b of Army Regulation 601-210 (Regular Army and Army
Reserve Enlistment Program), dated 28 February 1995, stated that any
applicant who, during their last period of service, had AWOL or lost time
of 6 or more days regardless of type of separation or RE code would be
required to have a waiver for enlistment.

9.  Department of Defense Financial Management Regulation (DODFMR) provides
that full separation pay is authorized to service members who are
involuntarily separated from active duty and meet all of several
conditions, including being fully qualified for retention.  Half separation
pay is authorized to service members who are involuntarily separated from
active duty and meet all of several conditions, including being not fully
qualified for retention who is denied reenlistment under one of eight
conditions: (1) Expiration of service obligation;
(2) Selected changes in service obligation; (3) Convenience of the
government; (4) Homosexuality; (5) Drug abuse rehabilitation failure; (6)
Alcohol abuse rehabilitation failure; (7) Security; and (8) Weight control
failure.

10.  The DODFMR also states that the member must be separated under a
specific program established as a half payment level.

11.  On 18 August 2006, Defense Finance and Accounting Service (DFAS)
informed the Board staff that neither SPD “JHJ” nor “JFF” authorizes an
enlisted member separation pay.




DISCUSSION AND CONCLUSIONS:

1.  The ADRB upgraded the applicant’s character of service to honorable and
changed the narrative reason for separation to Secretarial Authority.  In
accordance with regulation then in effect, the applicant’s DD Form 214
correctly reflects the appropriate separation code of “JFF.”

2.  At the time the applicant was separated, he did not meet eligibility
criteria for entitlement to separation pay.  Because of his AWOL time, he
was not fully qualified for retention and therefore was not entitled to
full separation pay.  Also, he was not separated under one of the criteria
required for entitlement to half separation pay.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

________  ________  ________  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

SP______  JR______  DH______  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The evidence presented does not demonstrate the existence of a probable
error or injustice.  Therefore, the Board determined that the overall
merits of this case are insufficient as a basis for correction of the
records of the individual concerned.




                                  Susan Powers__________
                                            CHAIRPERSON

                                    INDEX

|CASE ID                 |AR20060003306                           |
|SUFFIX                  |                                        |
|RECON                   |YYYYMMDD                                |
|DATE BOARDED            |20060907                                |
|TYPE OF DISCHARGE       |GD                                      |
|DATE OF DISCHARGE       |20040731                                |
|DISCHARGE AUTHORITY     |AR635-200, CHAPTER 13                   |
|DISCHARGE REASON        |Unsatisfactory performance              |
|BOARD DECISION          |DENY                                    |
|REVIEW AUTHORITY        |Mr. Chun                                |
|ISSUES         1.       |110.0200                                |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


-----------------------
[pic]