Applicant Name: ?????
Application Receipt Date: 071126 Prior Review: Prior Review Date: NA
I. Applicant Request: Upgrade Reason Change RE Code Change
Issues: See attached DD Form 149 and documentation submitted by the Applicant.
II. Were Proper Discharge and Separation Authority procedures followed?
Tender Offer: ?????
See Attachments: Legal Medical Minority Opinion Exhibits
III. Discharge Under Review
Unit CDR Recommended Discharge: Date: 070628
Discharge Received: Date: 070927 Chapter: 4-2B & 4-24A(1) AR: 600-8-24
Reason: Unacceptable Conduct RE: SPD: BNC Unit/Location: 3rd Bde, 1st Inf Div, 201st BSB, Fort Hood, TX
Time Lost: None
Article 15s (Charges/Dates/Punishment): None
Courts-Martial (Charges/Dates/Punishment): None
Counseling Records Available: Yes No
IV. Soldiers Overall Record
Age at current enlistment: 33
Current Entry Date: 070103 Current ENL Term: NA Years ?????
Current Service: 00 Yrs, 08 Mos, 25 Days ?????
Total Service: 03 Yrs, 04 Mos, 04 Days ?????
Previous Discharges: RA 040519-061227/HD Applicant was selected for Direct Commission
Highest Grade: 01 Performance Ratings Available: Yes No
MOS: 67A Health Services GT: NA EDU: College Grad Overseas: None Combat: None
Decorations/Awards: ARCOM, NDSM, GWOTSM, ASR
V. Post-Discharge Activity
City, State: Salinas, Puerto Rico
Post Service Accomplishments: None listed by the Applicant.
VI. Facts, Circumstances, and Legal Basis for Separation
a. Facts and Circumstances:
The evidence of record shows that on 25 April 2007, the Applicant submitted a Memorandum for Record stating she was unable to provide and maintain an adequate Family Care Plan and requested involuntary separation due to parenthood, AR 600-8-24. On 27 July 2007, the Applicant was notified of initiation of elimination proceedings under the provisions of Chapter 4, AR 600-8-24, by reason of substandard performance of duty, specifically, failure to establish an adequate Family Care Plan. The Applicant was advised that she could submit a voluntary resignation in lieu of elimination or submit a rebuttal and request an appearance before a Board of Inquiry. On 30 July 2007, the Applicant tendered her resignation with the understanding she would be furnished an Honorable Discharge certificate. On 8 August 2007, the Commanding General recommended approval of the Applicant's resignation with a characterization of service as Honorable. On 29 August 2007, the Deputy Assistant Secretary (Army Review Boards), accepted the Applicant's resignation and directed she be discharged from the United States Army with an Honorable characterization of service.
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 eliminating an officer from the 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 a careful review of the Applicants available military records, the issues, and the independent evidence she submitted, the analyst determined that the evidence was not sufficiently mitigating to warrant a change of the reason for discharge under review. However, the evidence of record shows that the Applicant's separation proceedings were initiated under the provisions of AR 600-8-24, paragraph 4-2a(16), by reason of substandard performance. The Applicant's DD Form 214, however, shows the Applicant's narrative reason as unacceptable conduct in accordance with AR 600-8-24, paragraph 4-2b and paragraph 4-24a(1) with a separation code of BNC. In view of the foregoing , the analyst recommends to the Board that an administrative change be made to the Applicant's DD Form 214, block 25 to AR 600-8-24, paragraph 4-2a(16), by reason of substandard performance with block 26 changed to BHK and block 28 be changed to substandard performance.
VII. Summary of Army Discharge Review Board Hearing
Type of Hearing: Date: 3 October 2008 Location: Washintgon, D.C.
Did the Applicant Testify? Yes No
Counsel: NA
Witnesses/Observers: NA
Exhibits Submitted: NA
VIII. Board Discussion, Determination, and Recommendation
The Board found that the narrative reason for discharge on the Applicant's DD Form 214 was an administrative error. Accordingly, the Board voted to change the narrative reason on the DD Form 214, block 25 to AR 600-8-24, paragraph 4-2a(16), with block 26 to be changed to BHK and block 28 to be changed to Substandard Performance. Except for the foregoing modification to the applicant's reason for separation, the Board found the reason for separation both proper and equitable.
IX. Board Decision
XI. Certification Signature
Board Vote: Approval Authority:
Character - Change ????? No change ?????
Reason - Change 5 No change 0
(Board member names available upon request)
EDGAR J. YANGER
Colonel, U.S. Army
President, Army Discharge Review Board
Issue a new DD Form 214
Change Characterization to:
Change Reason to: Substandard Perfromance, AR 600-8-24, paragraph 4-2a(16)
Other: Change SPD Code to BHK
RE Code:
Grade Restoration: No Yes Grade: No Change
ARMY DISCHARGE REVIEW BOARD - CASE REPORT AND DIRECTIVE
Case Number AR20070017378
______________________________________________________________________________
Page 1 of 2 pages
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