Applicant Name: ?????

Application Receipt Date: 070718	

Prior Review    Prior Review Date: None

I.  Applicant Request
Request:  Upgrade     Reason Change     RE Code Change    

Issues: See DD Form 149 and attached documents submitted by the applicant.

II.  Were Proper Discharge and Separation Authority procedures followed?  
Yes    No        Tender Offer:   ?????

See Attachments:  Legal     Medical     Minority Opinion     Exhibits 

III.  Original Character of Discharge
Unit CDR Recommended Discharge:    Date: 050711
Discharge Received:     Date: 051209   
Chapter: 4-2b & 4-24a (1)    AR: 600-8-24
Reason: Unacceptable Conduct
RE:     SPD: BNC
Unit/Location: C Btry, 3-30 FA Rgmt, Fort Sill, OK 

Time Lost: None

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

Court-Martials (Charges/Dates/Punishment): None

Counseling Records Available: Yes    No 

IV.  Soldier’s Overall Record
Year/Month:  7604  
HOR City, State: Santa Clara, CA
Current ENL Date: 991004    Current ENL Term: Indef Years  ?????
Current ENL Service: 06  Yrs, 02 Mos, 06 Days ?????
Total Service:  11 Yrs, 08 Mos, 01 Days ?????
Previous Discharges: USARCG Cadet 940410-960820/NA
                                      ARNG-960821-991003/HD
Highest Grade: 0-3
Performance Ratings Available: Yes    No 
MOS: 13A Field Artillery   GT: NA   EDU: BA Anthropology   Overseas: Southwest Asia   Combat: None
Decorations/Awards: NDSM, GWOTSM, ASR

V.  Post-Discharge Activity
Post Service Accomplishments: None Listed

VI.  Facts, Circumstances, and Legal Basis for Separation

      a.  Facts and Circumstances:
      Evidence of record shows that on 3 February 2005, the applicant was notified of initiation of elimination proceedings under the provisions of Chapter 4, AR 600-8-24, paragraphs 4-2a(2), (4). (5), and (11) by reason of substandard performance, failed to achieve course standards in the FACCC 1-04, failed three examinations in the FACCC 2-04, misconduct, moral or professional dereliction.  The applicant was directed to show cause for substandard duty performance and misconduct.  He was advised that he could submit a voluntary resignation in lieu of further elimination or submit a rebuttal and request an appearance before a Board of Inquiry.  On 4 March 2005, the applicant submitted his rebuttal of the initiation of further elimination and requested appearance before a Board of Inquiry under the provisions of Chapter 4, AR 600-8-24, in lieu of further elimination options.  On 14 June 2005, the applicant appeared, with counsel, before a Board of Inquiry (Show Cause Board).  The board found that the applicant failed to achieve course standards in the FACCC 1-04 and was recycled into FACCC 2-04, has shown an inability to pass the gunnery and fire support portions of FACCC, failed three examinations in FACCC 2-04, and was referred to faculty board, which recommended that he be relieved from the course, and ordered to show cause for retention on active duty.  Based on the above findings, the applicant is not desireable for further military service and should be involuntarily separated.  The applicant failed to maintain the standards desired for his grade and branch.  The board recommended that the applicant be issued an honorable discharge.  On 11 July 2005, the Commander, Fort Sill, OK, recommended approval of the board's recommendations and that the applicant be separated from the Army with an honorable discharge.  On 7 September 2005, the Commander, Training and Doctrine Command, reviewed the  Board of Inquiry (BOI) findings and recommendations, and recommended approval of the BOI's recommendation that the applicant receive a copy of the BOI's proceedings and further recommended that the applicant receive an honorable discharge.  On 26 October 2005, the Department of the Army Board of Review for eliminations recommended that the applicant be eliminated from the United States Army based on misconduct, moral or professional dereliction, with an honorable discharge.  On 31 October 2005, the Deputy Assistant Secretary (Army Review Boards) accepted the board's recommendation to eliminate the applicant from the United States Army with an honorable discharge.  
        
      The analyst noted that the applicant was notified of initiation of elimination proceedings under the provisions of Chapter 4, AR 600-8-24, paragraphs 4-2a(2), (4). (5), and (11) by reason of substandard performance.  
      
      b.  Legal Basis for Separation:  
      Army Regulation 600-8-24 sets forth the basic authority for Officer Transfers and Discharges.  Chapter 4 outlines the policy and procedure for the elimination of officers from the active Army for substandard performance of duty, misconduct, moral or professional dereliction, and in the interest of national security.

      c.  Response to Issues, Recommendation and Rationale:  
      After careful review of all the applicant's military records for the term of service  under review, the issues and documents he submitted, the analyst found that the narrative reason for separation is inequitable.  The evidence of record shows that the applicant was notified of initiation of elimination proceedings under the provisions of Chapter 4, AR 600-8-24, paragraphs 4-2a(2), (4). (5), and (11) by reason of substandard performance with an honorable characterization of service.  However, the DD Form 214 shows the narrative reason for separation as "Unacceptable Conduct."  In view of the foregoing the analyst recommends to the Board that an administrative change be made to the DD Form 214 block 28, narrative reason for separation to "Substandard Performance"  and block 26 with the corresponding separation code of "JHK."  Except for the foregoing modification to the applicant's narrative reason for separation, the analyst found that the narrative reason for separation was both proper and equitable.
      
      Furthermore, the analyst noted the applicant's issue; however, the correction that the applicant requests to be made to his DD Form 214, block 19, mailing address after separation does not fall within the purview of this Board.  The applicant may apply to the Army Board for Correction of Military Records (ABCMR), utilizing DD Form 149 regarding this matter.  An application for that Board is enclosed. 
      
      
      
      
      
      
      
      
      
      
      
      
      

VII.  Summary of Army Discharge Review Board Hearing 

Type of Hearing: 			Date: 23 July 2008              
Location: Washington, DC

Did the Applicant Testify?  Yes     No  

Counsel: NA

Witnesses/Observers: NA 

Exhibits Submitted: NA




VIII.  Board Decision
The discharge was:			Proper	 	Improper	
				                 	Equitable	 	Inequitable	

The characterization of service was:   Proper	 	Improper	
				                 	Equitable	 	Inequitable	

The narrative reasons were: 	       	Equitable	 	Inequitable	

DRB voting record:  		      Change 0    No change 0   - Character
		 			      Change 5    No change 0   - Reason
					      (Board member names available upon request)

IX.  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 narrative reason for separation is inequitable.  The Board voted to administratively change block 28, narrative reason for separation to "Substandard Performance"  and block 26 separation code to "JHK."  Except for the foregoing modification to the applicant's narrative reason for separation, the Board determined that the narrative reason for separation was both proper and equitable.





















								        
X.  Board Action Directed
No Change 
Issue a new DD Form 214  
Change Characterization to:    
Change Reason to:  "Substandard Performance" with the corresponding separation code of "JHK"
Other: NA
RE Code:  
Grade Restoration:   No   Yes  Grade: None

XI.  Certification Signature and Date
Approval Authority: 

MARK E. COLLINS
Colonel, U.S. Army
President, Army Discharge Review Board

Official: 


CHRISTINE U. MARTINSON			DATE: 25 July 2008
Lieutenant Colonel, U.S. Army
Chief, Secretary Recorder
ARMY DISCHARGE REVIEW BOARD - CASE REPORT AND DIRECTIVE

Case Number AR20070009811
______________________________________________________________________

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