IN THE CASE OF:
BOARD DATE: 20 September 2011
DOCKET NUMBER: AR20110004282
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 revocation of his discharge and reinstatement in the Regular Army (RA) in the rank of warrant officer one (WO1)/pay grade W-1. He also requests attendance at Warrant Officer Flight Training (WOFT) school or retraining in a military occupational specialty (MOS) as a marine deck officer.
2. The applicant states he had medical problems due to knee surgery and issues with his family care plan that resulted in a Board of Inquiry.
a. The Board recommended his retention in the RA. However, he was separated for failure to complete WOFT and also found unqualified to transfer into another MOS. After 14 years of honorable military service, he was abruptly discharged without severance pay.
b. The actions by the U.S. Army ruined him financially and caused him to file for bankruptcy. He adds his discharge was unjust and he should be allowed to continue serving his country.
3. The applicant provides no additional documentary evidence in support of his application.
CONSIDERATION OF EVIDENCE:
1. The applicant had prior honorable active duty enlisted service in the U.S. Navy from 9 August 1994 through 19 July 2005.
2. The applicant enlisted in the RA for a period of 3 years on 20 July 2005 for MOS 09W (Warrant Officer Candidate) and WOFT.
3. He was appointed as a Reserve warrant officer in the U.S. Army in the rank of WO1 on 8 September 2005 and ordered to active duty for a period of 6 years.
He was assigned to Company B, 1st Battalion, 145th Aviation Regiment, Fort Rucker, AL, for WOFT.
4. On 26 February 2008, the applicant's battalion commander submitted a recommendation to the brigade commander that the applicant be eliminated from aviation training and the U.S. Army for failure to provide a family care plan within the established 30-day timeframe. He also noted that the applicant's short and long term goals had changed numerous times at the expense of his completion of training.
5. On 9 June 2008, the Commander, 1st Aviation Brigade, Fort Rucker, AL, notified the Commanding General, U.S. Army Aviation Warfighting Center and Fort Rucker, that the applicant was eliminated from the Initial Entry Rotary Wing course of instruction for failure to have a family care plan and also for his attitude and motivation. He recommended the applicant be released from active duty in accordance with Army Regulation 600-8-24 (Officer Transfers and Discharges), Chapter 4 (Eliminations).
6. On 10 June 2008, the Commander, U.S. Army Aviation Warfighting Center and Fort Rucker, notified the applicant that he was required to show cause for retention on active duty under the provisions of Army Regulation 600-8-24, paragraph 4-2 (Reasons for elimination), for substandard performance of duty, misconduct, and moral or professional dereliction. He specifically cited the applicant's downward trend in overall performance resulting in an unacceptable record of efficiency, or a consistent record of mediocre service; failure to file an adequate family care plan; and mismanagement of personal affairs that were unfavorably affecting his performance of duty.
a. The reasons for the commander's proposed action for elimination were:
(1) the applicant was counseled on 13 August 2007 and on 26 October 2007 for not having a family care plan;
(2) he presented the battalion commander a family care plan on
11 February 2008, after refusing to present one to his company commander and failing to previously mention that he had one prepared; and
(3) he was counseled on numerous occasions for his lack of discipline and professionalism, substandard personal appearance, and failure to report or be at his appointed place of duty.
b. The commander advised the applicant of his rights, options, and the separation procedures involved. The applicant had 30 calendar days to submit a rebuttal statement, request appearance before a Board of Inquiry, or submit his resignation in lieu of elimination. The commander also advised him he was being recommended for an honorable discharge.
c. The applicant acknowledged receipt of the notification on 11 June 2008.
7. On 10 July 2008, the applicant requested a Show Cause Board. He noted that he had been fully advised and counseled in the matter by a member of the Judge Advocate General's Corps who would also represent him at the Board.
8. The immediate and intermediate commanders recommended approval of the applicant's release from active duty with an honorable discharge. They also recommended that the applicant not be considered for further flight training.
9. On 3 September 2008, the Commander, U.S. Army Aviation Warfighting Center and Fort Rucker, Fort Rucker, AL, recommended the applicant be released from active duty and that his service be characterized as honorable. He also requested that the applicant not be considered for further flight training. The commander forwarded the separation action to the Commander, U.S. Army Human Resources Command, Alexandria, VA for final action.
10. The applicant's military personnel records do not contain a copy of the separation authority's decision document.
11. The applicant's DD Form 214 (Certificate of Release or Discharge from Active Duty) shows he was honorably discharged on 2 February 2009 in accordance with Army Regulation 600-8-24, paragraph 2-37, based on failure to complete a course of instruction with Separation Program Designator code "JHF" [Failure to complete course of instruction per Army Regulation 600-8-24, paragraph 4-2b(14)].
a. He completed 3 years, 4 months, and 25 days of net active service.
b. The applicant authenticated the DD Form 214 with his signature.
12. The applicant submitted a request for review of his discharge to the Army Discharge Review Board (ADRB). On 30 June 2009, after review of his application, military records, and other available evidence, the ADRB determined he was properly and equitably discharged and denied his request. Accordingly, he was notified of the ADRB's decision.
13. Army Regulation 600-8-24, in effect at the time, prescribes officer transfers from active duty to the Reserve Component and discharge actions for all officers on active duty for 30 days or more. Chapter 4, paragraph 4-2, in pertinent part, provides that elimination action may or will be initiated for failure of a course at a service school because of misconduct, moral or professional dereliction.
14. Army Regulation 15-185 (Army Board for Correction of Military Records [ABCMR]) prescribes the policies and procedures for correction of military records by the Secretary of the Army, acting through the ABCMR. The regulation provides that the ABCMR begins its consideration of each case with the presumption of administrative regularity. The applicant has the burden of proving an error or injustice by a preponderance of the evidence.
DISCUSSION AND CONCLUSIONS:
1. The applicant contends that his discharge should be revoked and he should be reinstated in the RA in the rank of WO1 with attendance at WOFT school or retraining in an MOS as a marine deck officer because the actions of the U.S. Army ruined him financially and his discharge was unjust.
2. Despite the absence of a decision document pertaining to the applicant's separation action in his military personnel records, records indicate the applicant's discharge under the provisions of AR 600-8-24 based on failure to complete a course of instruction was administratively correct. All requirements of law and regulations were met and the rights of the applicant were fully protected throughout the separation process.
3. There is a presumption of administrative regularity in the conduct of governmental affairs. This presumption can be applied to any review unless there is substantial credible evidence to rebut the presumption. The applicant fails to provide such evidence. As a result, considering all the facts of the case, the applicant's discharge from the U.S. Army is presumed proper and equitable.
4. In view of the foregoing, there is no basis for 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 that 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) AR20110004282
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ABCMR Record of Proceedings (cont) AR20110004282
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