IN THE CASE OF:    

		BOARD DATE:  30 July 2015	  

		DOCKET NUMBER:  AR20140018148 


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, in effect:

	a.  correction of her separation code,

	b.  entitlement to and payment of severance pay, and

	c.  pay and allowances at the rate of sergeant first class (SFC)/E-7 from 1 July 2009 to 25 June 2010.

2.  The applicant states, in effect:

	a.  On 18 March 2013, the Army Discharge Review Board (ADRB) granted her full relief and she received an honorable discharge and was involuntarily separated under the provisions of Army Regulation 635-200 (Active Duty Enlisted Administrative Separations), chapter 5.  Her separation program designator (SPD) code was entered as JFF.

	b.  Under normal circumstances, SPD code JFF would not entitle her to severance pay for the 14 years she served in the Army.  However, she was granted full relief and her request included authorization of severance pay.

	c.  She was recently instructed to resubmit an application to the Army Board for Correction of Military Records and provide a letter from the Defense Finance and Accounting Service (DFAS) showing SPD code JFF does not entitle her to severance pay.

	d.  The ADRB determined her discharge was inequitable and found the overall length and quality of her service, to include her combat service, and the circumstances surrounding her discharge mitigated the discrediting entry in her service records.

	e.  She was to be promoted to SFC on 1 June 2009 and was erroneously flagged.  In addition to severance pay, she is requesting to be paid the difference in pay between staff sergeant (SSG)/E-6 and SFC/E-7 from 1 June 2009 (date of promotion) to 25 June 2010.

3.  The applicant provides:

* ADRB memorandum, dated 27 February 2014
* ADRB Case Report and Directive
* DD Form 214 (Certificate of Release or Discharge from Active Duty)
* Honorable Discharge Certificate
* DD Form 149 (Application for Correction of Military Record under the Provisions of Title 10, U.S. Code, Section 1552), dated 21 May 2014
* DFAS memorandum, dated 24 July 2014
* memoranda, dated 14 July 2014 and 26 August 2014
* email correspondence

CONSIDERATION OF EVIDENCE:

1.  The applicant enlisted in the Regular Army on 18 September 1996 and trained as a financial management specialist.  She remained on active duty through continuous reenlistments.  She was promoted to SSG/E-6 effective 1 August 2003.

2.  In February 2010, she was notified of her pending separation with a general discharge under honorable conditions under the provisions of Army Regulation 635-200, paragraph 14-12c, by reason of misconduct for a positive urinalysis for amphetamine on 1 April 2009 and a positive urinalysis for marijuana on 17 February 1998.

3.  She consulted with counsel and requested consideration of her case by an administrative separation board.  In May 2010, the administrative board convened and the board recommended her general discharge under honorable conditions.  The board further recommended suspension of the discharge.

4.  In June 2010, the separation authority approved the recommendation of the administrative separation board to discharge the applicant, but disapproved the recommendation to suspend the discharge and directed the applicant's discharge with her service characterized as general under honorable conditions.  On 15 June 2010, she was discharged accordingly.

5.  There is no evidence showing she was promoted to SFC prior to her discharge.

6.  On 20 March 2013, the ADRB upgraded her discharge to honorable and changed her narrative reason for separation to Secretarial Authority with a corresponding SPD code of JFF (involuntary discharge).

7.  Her reissued DD Form 214 shows in:

* item 25 (Separation Authority) – Army Regulation 635-200, paragraph 5-3
* item 26 (Separation Code) – JFF
* item 28 (Narrative Reason for Separation) – Secretarial Authority

8.  She provided the following documentation in support of her request:

	a.  A DD Form 149, dated 21 May 2014, shows she requested severance pay.

	b.  A letter from DFAS, dated 24 July 2014, which states:

* as a result of the corrections to her records, there is no monetary benefit due to her
* the directive upgraded her general discharge to honorable
* since a general discharge provides the same separation entitlements as an honorable discharge, she has received all monies to which she is entitled
* the directive did not grant her payment to severance pay
* the separation code JFF does not entitle her to severance pay

	c.  A letter from the ABCMR, dated 26 August 2014, administratively closed her 21 May 2014 application without action and instructed her contact DFAS to exhaust all administrative remedies.

	d.  Email correspondence from Department of the Army Office of the Deputy Chief of Staff, G-1, states Soldiers separated under the provisions of paragraph 5-3 are not entitled to separation pay unless the Secretary of the Army authorizes payment.  Otherwise, DFAS will not pay it if the SPD code is JFF – nor does the Office of the Secretary of Defense expect them to pay it based on the SPD codes table.  The Army G-1 representative indicated it appeared the ABCMR was not in receipt of the DFAS letter because the ABCMR letter states the applicant had not exhausted all administrative remedies.  The Army G-1 representative recommended she go back to the ABCMR and point out the discrepancy and reference Department of Defense Instruction (DODI) 1332.29 (Eligibility of Regular and Reserve Personnel for Separation Pay), paragraph 3.4.12.

9.  Army Regulation 635-5-1 (Separation Program Designator (SPD)) Codes) provides the specific authorities (regulatory or directive), reasons for separating Soldiers from active duty, and the SPD codes to be entered on the DD Form 214.  It states SPD code JFF is the appropriate code to assign to Soldiers being separated under the provisions of Army Regulation 635-200, paragraph 5-3, by reason of Secretarial Authority.

10.  Paragraph 3.4.12 of DODI 1332.29 states determination in extraordinary cases by the Secretary concerned that the conditions under which the member is separated do not warrant separation payment.  It is intended that this discretionary authority to deny payment be used sparingly.  This authority is not to be delegated.

DISCUSSION AND CONCLUSIONS:

1.  The evidence shows:

	a.  The applicant was discharged under honorable conditions (general) for misconduct on 25 June 2010.

	b.  In 2013, the ADRB upgraded her discharge to honorable and changed her narrative reason to Secretarial Authority with a corresponding SPD code of JFF.

2.  There is no evidence showing her separation code was not administratively correct and in conformance with applicable regulations in 2013.  Therefore, there is no basis for amending her separation code.

3.  She requests entitlement to severance pay.  However, the ADRB did not grant her payment of severance pay in connection with her discharge upgrade.  Therefore, there is insufficient evidence on which to base granting the requested relief.

4.  She also requests payment at the rate of SFC/E-7 from 1 July 2009 to 25 June 2010.  However, there is no evidence and she provided no evidence showing she was promoted to SFC prior to her discharge.  Therefore, there is insufficient evidence on which to base granting the requested relief.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

____X___  ____X___  ____X___ DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

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



      __________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)                                         AR20140018148



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ABCMR Record of Proceedings (cont)                                         AR20140018148



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