IN THE CASE OF:
BOARD DATE: 18 August 2015
DOCKET NUMBER: AR20150008155
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 he was discharged as a captain (CPT) and to change the reason for his separation from "Non-Selection, Permanent Promotion." He also requests all resulting back pay and allowances for the period 1 September 2012 to 1 February 2014.
2. The applicant states:
a. He submitted an appeal to a referred officer evaluation report (OER) after the results of the Fiscal Year 2012 (FY12) CPT Promotion Board were published. While the appeal was being processed, he was not selected for promotion by the FY13 CPT Promotion Board.
b. He received a favorable decision on his OER appeal in November 2013. The board also decided promotion reconsideration was warranted.
c. He was honorably discharged on 1 February 2014 due to non-selection for promotion.
d. On 1 June 2014, he received notification that the Special Selection Board (SSB) had recommended his promotion to CPT. He received orders showing he was promoted to CPT with a date of rank (DOR) of 1 September 2012.
3. The applicant provides:
* U.S. Army Human Resources Command (HRC) memorandum, subject: Notification for Separation Due to Non-Selection for Promotion
* Officer Special Review Board (OSRB) Record of Proceedings, dated 7 October 2013
* discharge orders effective 1 February 2014
* DD Form 214
* Honorable Discharge Certificate
* HRC memorandum, subject: SSB Results, dated 3 June 2014
* CPT promotion orders with an effective date and DOR of 1 September 2012
CONSIDERATION OF EVIDENCE:
1. The applicant was appointed as a field artillery second lieutenant in the Regular Army on 15 December 2008. He was promoted to first lieutenant (1LT) effective 7 August 2010.
2. An HRC memorandum, dated 29 August 2013, notified the applicant he had to be separated from the U.S. Army no later than 1 February 2014 due to non-selection for promotion to CPT. The applicant indicated he did not intend to request appointment in the U.S. Army Reserve.
3. An OSRB Record of Proceedings, dated 7 October 2013, directed removal of an OER for the period 15 December 2008 through 14 April 2009 from the applicant's Official Military Personnel File and that he be reconsidered for promotion.
4. Headquarters, U.S. Army Garrison Fort Sill, Orders 266-1317, dated 23 September 2013, directed the applicant's discharge effective 1 February 2014.
5. His DD Form 214 shows he was honorably discharged on 1 February 2014 in the rank of 1LT. He completed 4 years, 11 months, and 25 days of active duty service. The separation authority is shown as "AR 600-8-24, Para 2-41" and the separation code as "JGB." The narrative reason for separation shows "Non-Selection, Permanent Promotion."
6. An HRC memorandum, dated 3 June 2014, subject: SSB Results, notified the applicant he had been selected for promotion to CPT by an SSB.
7. HRC Order Number 154-008, dated 3 June 2014, announced the applicant's promotion to CPT with an effective date and DOR of 1 September 2012.
8. Army Regulation 600-8-24 (Officer Transfers and Discharges) sets forth the basic authority for the separation of officer personnel. Ordinarily, separation under Secretarial Authority is used when no other provision of this regulation applies, and early separation is clearly in the best interest of the Army. Such authority may be given either in an individual case or by an order applicable to all cases specified in such order.
9. Army Regulation 635-5-1 (Separation Program Designator (SPD) Codes) states SPD codes are three-character alphabetic combinations which identify reasons for and types of separation from active duty. The SPD code of KFF is the correct code for officers separated under Army Regulation 600-8-24 by Secretarial Authority.
DISCUSSION AND CONCLUSIONS:
1. The applicant contends his DD Form 214 should be changed to show he was discharged as a CPT and the reason for his separation should be changed from "Non-Selection, Permanent Promotion." He also requests all resulting back pay and allowances for the period 1 September 2012 to 1 February 2014.
2. The available evidence shows he was discharged effective 1 February 2014 due to non-selection for promotion to CPT.
3. He was subsequently recommended for promotion by an SSB and orders show he was promoted to CPT on 3 June 2014 with effective date and DOR of 1 September 2012.
4. In view of the above it would be appropriate to change his DD Form 214 to show he was discharged as a CPT and to the change the SPD Code to "KFF" and the Narrative Reason for his separation to "Secretarial Authority." He should also receive all back pay and allowances resulting from this correction.
5. In view of the above, the applicant's request should be granted.
BOARD VOTE:
____X___ ____X___ ____X___ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
The Board determined the evidence presented is 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. correcting item 4a (Grade, Rate, or Rank) to show CPT and item 4b (Pay Grade) to show O3,"
b. correcting item 25 (Separation Authority) to show "Secretarial Authority,"
c. correcting item 26 (Separation Code) to show "KFF," and
d. paying him all pay and allowances due as a result of this correction.
_______ _ 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) AR20110000082
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ABCMR Record of Proceedings (cont) AR20150008155
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