Applicant Name:  ?????

Application Receipt Date: 2011/11/10	Prior Review:     Prior Review Date: NA     

I.  Applicant Request:  Upgrade     Reason Change     RE Code Change    

Issues: The applicant states, in efect, that he requests a change to the narrative reason for separation and the separation (SPD) code.  He contends neither of these accurately reflect his time served or his reason for separation.  He further contends he was a successful and awarded Soldier with no poor academic or PT scores.  He also desires to join the national guard. 

II.  Were Proper Discharge and Separation Authority procedures followed?	     
Tender Offer:   NA

See Attachments:  Legal     Medical     Minority Opinion     Exhibits 

III.  Discharge Under Review
Unit CDR Recommended Discharge: 	   Date: 090319
Discharge Received: 			   Date: 090520   Chapter: 4-2a & 4-24a(1)       AR: 600-8-24
Reason: Substandard Performance	   RE:     SPD: BHK   Unit/Location: A Co, 2-11th IN Regt, Fort Benning, GA 

Time Lost: None

Article 15s (Charges/Dates/Punishment): None

Courts-Martial (Charges/Dates/Punishment): None

Counseling Records Available: Yes    No 

IV.  Soldier’s Overall Record
Age at current enlistment:  28
Current ENL Date: 081002    Current ENL Term: NIF Years  the applicant was discharged from the Regular Army      1 October 2008 and appointed as an officer the following day.  
Current ENL Service: 	00  Yrs, 07  Mos, 19  Days ?????
Total Service:  		01  Yrs, 00  Mos, 22  Days ?????
Previous Discharges: 	RA-080429-081001/HD
Highest Grade: O-1		Performance Ratings Available: Yes    No 
MOS: None   GT: NA   EDU: College Grad   Overseas: None   Combat: None
Decorations/Awards: NDSM

V.  Post-Discharge Activity
City, State:    
Post Service Accomplishments: None Listed 

VI.  Facts, Circumstances, and Legal Basis for Separation
       a.  Facts and Circumstances:
       The evidence of record shows that on 19 March 2009, the applicant was notified of initiation of elimination proceedings under the provisions of Chapter 4, paragraphs 4-2a and 4-3, AR 600-8-24, by reason of substandard performance.  The applicant was directed to show cause for retention on active duty for being diagnosed with an adjustment disorder with depressed mood and anxiety, the symptoms were not of such severity to require a medical board; however these conditions seriously impaired his ability to function in the Army currently and the future (090305).  
       
       He was advised that he could submit his resignation in lieu of elimination, request discharge in lieu of elimination, or submit a written rebuttal statement.
       On 6 April 2009, the applicant voluntarily tendered his resignation under the provisions of Chapter 4,  AR 600-8-24, in lieu of further elimination proceedings, contingent upon him receiving a characterization of service no less favorable than honorable. The applicant was a probationary officer and therefore not entitled to appear before a board of officers (Board of Inquiry).  On 16 April 2009, the Commander, Headquarters, U.S. Army Infantry Center and Fort Benning, Fort Benning, GA, recommended approval of the applicant's resignation in lieu of elimination under the provisions of Chapter 4, paragraph 4-2a, AR 600-8-24, with a fully honorable discharge. 
       
       On 30 April 2009, the Deputy Assistant Secretary (Army Review Boards) approved the recommendation of the Commanding General, Headquarters, U.S. Army Infantry Center and Fort Benning, accepted the applicant's resignation and directed his discharged from the U.S. Army with a characterization of service of fully honorable.
       
       b.  Legal Basis for Separation:  
       Army Regulation 600-8-24 sets for the basic authority for Officer Transfers and discharges.  Chapter 4 outlines the policy and procedure for the eliminating of officers from the active Army for substandard performance of duty, misconduct, moral or professional dereliction, and the interest of national security.
       
       c.  Response to Issues, Recommendation and Rationale:  
       After a careful review of all the applicant's military records during the term of service under review, the issues and documents submitted with the application, the analyst determined that the evidence was not sufficiently mitigating to warrant a change to the narrative reason for separation and the separation (SPD) code.
       
       The applicant requested a change to the narrative reason for separation and the separation (SPD) code.  The narrative reason for separation is governed by specific directives.  The applicant was discharged under the provisions of Chapter 4, paragraphs 4-2a & 4-24a(1), AR 600-8-24.  The narrative reason specified by Army Regulations for a discharge under this paragraph is "Substandard Performance" and the separation code is "BHK."  
       
       Army Regulation 635-5, Separation Documents, governs preparation of the DD Form 214 and dictates that entry of the narrative reason for separation, entered in block 28, separation code, entered in block 26, and RE Code, entered in block 27 of the form, will be entered exactly as listed in tables 2-2 or 2-3 of AR 635-5-1, Separation Program Designator (SPD) Codes.  The regulation further stipulates that no deviation is authorized.  There is no provision for any other reason to be entered under this regulation. 
       
       The applicant contends neither of these accurately reflect his time served or his reason for separation.  There is a presumption of regularity in the conduct of governmental affairs that shall be applied in any review unless there is substantial credible evidence to rebut the presumption.  The applicant bears the burden of overcoming this presumption through the presentation of substantial and credible evidence to support his contention.  There is no evidence in the record, nor has the applicant produced any evidence, to support the contention that his narrative reason for separation was unjust.
       
       The applicant further contends he was a successful and awarded Soldier with no poor academic or PT scores.  The analyst acknowledges the applicant’s in-service accomplishments and considered the quality of his service during the initial portion of the term of service under review.  However, this service was determined not to be sufficiently mitigating to warrant a change to the narrative reason for separation and the separation (SPD) code.
       
       The applicant desires to join the National Guard.  If the applicant desires to reenlist, he should contact the local recruiter to determine his eligibility to reenlist.  Those individuals can best advise a former service member as to the needs of the Army at the time. 
       
       Therefore, the analyst determined that the narrative reason for  separation to include the separation (SPD) code were both proper and equitable and recommends to the Board to deny relief.
       
       
       
       
       
       
VII.  Summary of Army Discharge Review Board Hearing

Type of Hearing: 		Date: 23 May 2012         Location: Washington, DC

Did the Applicant Testify?  Yes     No  

Counsel: NA

Witnesses/Observers: NA 

Exhibits Submitted: DD Form 149, dated (111020); Self-Authored Statement, (111007); DD Form 214, dated (090520); Record Fire Scorecard, dated (080528); D Co, BOLC II Peer Evaluations, five (5) pages; Diploma, Officer Candidate School, dated (081002); Certificate of Training, dated (090523); and two (2) Certificates of Achievement.  

VIII.  Board Discussion, Determination, and Recommendation
After carefully examining the applicant’s record of service during the term of service under review and considering the analyst’s recommendation and rationale, the Board determined that the discharge was both proper and equitable and voted to deny relief.
        
IX.  Board Decision						
Board Vote:
Character - Change 0    No change 0
Reason -     Change 0    No change 5
(Board member names available upon request)

X.  Board Action Directed
Issue a new DD Form 214  
Change Characterization to: 
Change Reason to: No Change
Other: NA
RE Code: 
Grade Restoration:   No   Yes   Grade: None

XI.  Certification Signature
Approval Authority:




EDGAR J. YANGER
Colonel, U.S. Army
President, Army Discharge Review Board




BONITA E. TROTMAN
Lieutenant Colonel, U. S. Army
Secretary Recorder
?????


Legend:
AWOL    	Absent Without Leave		GCM   General Court Martial	NA   Not applicable			SCM	Summary Court Martial
BCD   	Bad Conduct Discharge	GD      General Discharge	NIF   Not in the file			SPCM	Special Court Martial
CG 	Company Grade Article 15	HD      Honorable Discharge	OAD   Ordered to Active Duty		UNC	Uncharacterized Discharge  
DD 	Dishonorable Discharge	HS       High School Graduate	OMPF   Official Military Personnel File	UOTH  	Under Other Than Honorable 
FG	Field Grade Article 15		IADT   Initial Active Duty Training	RE     Reentry Code				Conditions 
ARMY DISCHARGE REVIEW BOARD - CASE REPORT AND DIRECTIVE

Case Number AR20110022576
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