RECORD OF PROCEEDINGS


	IN THE CASE OF:	  


	BOARD DATE:	  10 April 2007
	DOCKET NUMBER:  AR20060012166 


	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. Gerard W. Schwartz

Acting Director

Mr. Michael J. Fowler

Analyst


The following members, a quorum, were present:


Mr. Kenneth L. Wright

Chairperson

Ms. Laverne M. Douglas

Member

Mr. Ernestine I. Fields

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, in effect, that his DD Form 214 (Certificate of Release or Discharge from Active Duty) with the ending period 16 June 2006 be corrected to show he was discharged from active duty due to unqualified resignation.

2.  The applicant states, in effect, that his DD Form 214 shows that he was voluntarily released from active duty due to completion of active duty commitment.  He continues that his DD Form 214 should show that he resigned his commission from the Army and was discharged after completion of his statutory military service obligation.

3.  The applicant provides his DD Form 214; Office of the Administrative Assistant to the Secretary (OAAS), U.S. Army Resources and Programs Agency Orders 083-04, dated 24 March 2006; OAAS, U.S. Army Resources and Programs Agency Orders 220-18, dated 8 August 2006; and OAAS, U.S. Army Resources and Programs Agency Orders 220-17, dated 8 August 2006.

CONSIDERATION OF EVIDENCE:

1.  The applicant was appointed as a Reserve commissioned officer of the U.S. Army in the grade of second lieutenant on 21 May 1995.

2.  On 30 September 1998, the applicant entered active duty.

3.  On 1 February 2006, the applicant requested an unqualified resignation from the Army in accordance with Army Regulation 600-8-24, paragraph 3-5.  He stated the reason for his request was that he was offered a position with the Department of Homeland Security and that he had completed his statutory military service obligation of 8-years.  His request was approved.  However, the approval authority noted he had a statutory service obligation until 28 September 2006.

4.  OAAS, U.S. Army Resources and Programs Agency Orders 083-04, dated 
24 March 2006, show that the applicant was being released from active duty and was assigned to the 151st Legal Services Office, 6901 Telegraph Road, Alexandria, VA  22310. 

5.  OAAS, U.S. Army Resources and Programs Agency Orders 220-17, dated 
8 August 2006, revoked OAAS, U.S. Army Resources and Programs Agency Orders 083-04.


6.  OAAS, U.S. Army Resources and Programs Agency Orders 220-18, dated 
8 August 2006, show that the applicant was being discharged and that any temporary commission or appointment held would be terminated.

7.  On 16 June 2006, the applicant was honorably discharged from active duty.  Item 9 (Command to which Transferred) of his DD Form 214 shows the entry "151st LSO (WRZMU4) 6901 TELEGRAPH ROAD ALEXANDRIA, VA 22310."  Item 23 (Type of Separation) shows the entry "RELEASED FROM ACTIVE DUTY," item 25 (Separation Authority) shows the entry "AR 600-8-24, PARA 2-7," item 26 (Separation Code) shows the entry "MBK," and item 28 (Narrative Reason for Separation) shows the entry "COMPLETION OF REQUIRED ACTIVE SERVICE."

8.  Army Regulation 600-8-24 (Officer Transfers and Discharges), paragraph 3-5, provides the rules for processing an unqualified resignation.  Under normal circumstances any Regular Army officer may submit a request for unqualified resignation, provided all Service Remaining Requirements (SRRs) have been met except when action is pending that could result in resignation for the good of the service; or officer is under a suspension of favorable actions, pending investigation, under charges; or any other unfavorable action pending.  Resignations will not be accepted unless on the requested date of separation the officer has fulfilled any service obligation (to include completion of statutory military obligation).

9.  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 separation program designators to be used for these stated reasons.  The regulation shows that the SPD “FND" at the time of the applicant's discharge specified a narrative reason for resignation as "Miscellaneous/General Reasons" and the authority is Army Regulation 600-824, paragraph 3-5.

DISCUSSION AND CONCLUSIONS:

The applicant's DD Form 214 with the ending period 16 June 2006 shows that he was released from active duty after completion of required active service in accordance with Army Regulation 600-8-24, paragraph 2-7 and transferred to a U.S. Army Reserve Troop Program Unit.  However, evidence of record shows 

that his request for unqualified resignation from the Army under Army Regulation 600-8-24, paragraph 3-5, was approved and he was discharged from the Army with no remaining service obligation.  Therefore, his DD Form 214 should be corrected to show the proper specifications of his discharge from the Army.

BOARD VOTE:

__KLM __  __LMD  _  __EIF___  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The Board determined that the evidence presented was sufficient to warrant a recommendation for relief.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by:

	a.  deleting the entry "151st LSO (WRZMU4) 6901 TELEGRAPH ROAD ALEXANDRIA, VA 22310" in item 9 of his DD Form 214; 
	
	b.  amending item 9 of his DD Form 214 to show "NA"; 

	c.  deleting the entry "RELEASED FROM ACTIVE DUTY" in item 23 of his DD Form 214; 

	d.  amending item 23 of his DD Form 214 to show "DISCHARGE";

	e.  deleting the entry "AR 600-8-24, PARA 2-7" in item 25 of his DD Form 214;

	f.  amending item 25 of his DD Form 214 to show "AR 600-8-24, PARA 3-5";

	g.  deleting the entry "MBK" in item 26 of his DD Form 214;

	h.  amending item 26 of his DD Form 214 to show "FND";


	i.  deleting the entry "COMPLETION OF REQUIRED ACTIVE SERVICE" in item 28 of his DD Form 214; and 

	j.  amending item 28 of his DD Form 214 to show "MISCELLANEOUS/GENERAL REASONS."




___Kenneth L. Wright       _
          CHAIRPERSON




INDEX

CASE ID
AR20060012166
SUFFIX

RECON

DATE BOARDED
10 APRIL 2007
TYPE OF DISCHARGE

DATE OF DISCHARGE

DISCHARGE AUTHORITY

DISCHARGE REASON

BOARD DECISION
GRANT 
REVIEW AUTHORITY
MR. SHATZER
ISSUES         1.
102.0600.0000
2.

3.

4.

5.

6.