IN THE CASE OF:	  

		BOARD DATE:  13 March 2012

		DOCKET NUMBER:  AR20110017180 


THE BOARD CONSIDERED THE FOLLOWING EVIDENCE:

1.  Application for correction of military records (with supporting documents provided, if any).

2.  Military Personnel Records and advisory opinions (if any).


THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:

1.  The applicant requests correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show his separation authority as Army Regulation 635-200 (Active Duty Enlisted Administrative Separations), chapter 
16-2b rather than chapter 16-1a.

2.  The applicant states:

* he was erroneously discharged under chapter 16-1a instead of chapter 16-2b
* he was discharged as an active enlisted Soldier to accept a commission as a second lieutenant in the Chaplain Candidate Program, which is a Select Reserve Program
* his separations office insisted he fell under the provisions of chapter 16-1
*	since he was a direct commission, his separations office was under the
   impression that chapter 16-2 only applies to those awaiting 
   commissioning, as cadets are in the Green to Gold Program
* since he was discharged under chapter 16-1, he was unable to sell his leave while also unable to use it since he was commissioned into the Select Reserve Program

3.  The applicant provides:

* Memorandum for Record, Office of the Chief of Chaplains, Washington, D.C., dated 23 February 2011, subject:  Requested Release from Active Duty
* DD Form 214

CONSIDERATION OF EVIDENCE:

1.  After serving a period of 9 years, 10 months, and 24 days as an enlisted Soldier in the Regular Army, the applicant was honorably discharged on 2 June 2011 to attend the Chaplain Candidate Program. 

2.  Item 25 (Separation Authority) of the applicant's DD Form 214 shows he was separated under the provisions of Army Regulation 635-200, paragraph 16-1a.

3.  The applicant provided a copy of a memorandum from the Chaplain Candidate Manager, Office of the Chief of Chaplains, Washington, D.C., dated 23 February 2011, announcing his selection for the Chaplain Candidate Program.  Additionally, the memorandum for record included the following instructions for the applicant's separation:

   a. All ETS (end of term of service) leave and out-processing must be accomplished prior to taking the DA71 (Oath of Office) the day after the SM (subject matter) is discharged from active duty.

   b. The preferred procedure to be discharged from active duty is through transition office and receive a copy of the DD Form 214 in accordance with Army Regulation 635-200, chapter 16-2 (Discharge for acceptance into a program leading to a commission or warrant officer appointment).

   c. The DD Form 214 will be used to appoint [the applicant] as an officer in the U.S. Army Reserve through HRC (Headquarters, Army Resources Command), Fort Knox.

4.  Coordination with the Defense Finance and Accounting Service (DFAS) shows the following from the applicant's September 2011 Master Military Pay Account (MMPA):

* the applicant received payments through 15 June 2011 as well as allotments sent out through 31 July 2001
*	this generated a debt in the amount of $5,035.12
* the applicant sold back 57.5 days of leave which totaled $5,367.63
* his debt was offset by the leave sold back and this left him with a payment of $667.42 which was issued to him on 19 October 2011

5.  The applicant was contacted and provided the information obtained from DFAS since his application pre-dated the posting of his September MMPA.  The applicant responded and indicated the explanation made sense and he was aware of the extra allotments offsetting his leave balance.  Additionally, he indicated his annual clothing allowance appeared to have been included in the $667.42 payment.  The applicant requested his separation authority be corrected for future references.

6.  Army Regulation 635-200 sets forth the basic authority for the separation of enlisted personnel.  Chapter 16 (Selected Changes in Service Obligations) covers discharges caused by changes in service obligations.  The following pertinent paragraphs are as follows:

   a. Paragraph 16-1a, Order to active duty as a commissioned or warrant officer; Soldiers may be discharged for the purpose of:

      (1) Being order to active duty as a commissioned or warrant officer in any branch of the Armed Forces

      (2) Being order to an Active Guard/Reserve (AGR) tour with the Army as a USAR commissioned or warrant officer.  The Soldier must agree to serve at least 1 year in AGR status to be eligible for separation under this paragraph

   b. Paragraph 16-2b.  Discharges for acceptance into a program leading to a commission or warrant officer appointment; Discharge  may be approved upon presentation of documentary evidence from the proper authority showing that the Soldier has been accepted for an officer commissioning or appointment program, subject to discharge from his/her Army enlisted status.

DISCUSSION AND CONCLUSIONS:

1.	The applicant's request for correction of item 25 of his DD Form 214 to show his separation authority as Army Regulation 635-200, chapter 16-2b, was carefully considered and determined to have partial merit.

2.  Although the applicant has requested that his separation authority be changed to show chapter 16-2b, the memorandum for record from the Chaplain Candidate Manager shows the requested separation authority was chapter 16-2.  Therefore, the applicant is entitled to correction of his DD Form 214 to show this chapter as the authority for his separation. 


BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

____X __  ____X___  ____X _ _  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that the evidence presented was sufficient to warrant a recommendation for partial relief.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by amending his DD Form 214, item 25, to show his separation authority as Army Regulation 635-200, chapter 16-2.

2.  The Board further determined that the evidence presented was insufficient to warrant a portion of the requested relief.  As a result, the Board recommends denial of so much of the application that pertains to changing the applicant's separation to Army Regulation 635-200, chapter 16-2b.  




      _______ _  X_______   ___
               CHAIRPERSON
      
I certify that herein is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in this case.

ABCMR Record of Proceedings (cont)                                         AR20110017180



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ABCMR Record of Proceedings (cont)                                         AR20110017180



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