Applicant Name:  ?????

Application Receipt Date: 2008/03/24	Prior Review:     Prior Review Date: NA     

I.  Applicant Request:  Upgrade     Reason Change     RE Code Change    

Issues: The applicant states "I was discharged out of the military due to my ability of not meeting the army standard, for the Military Intelligence portion of OBC. I was informed by Captain Clark, which was my legal advisors during the discharge, that I would receive an Honorable discharge and they had made a mistake on the reason. In recent conversations with him I was informed that this would be the appropriate action to take.  I am trying to get the matter corrected due to my effort of trying to enter back in the military as an officer on the Reserve or National Guard side of the house; also while my time in the military I have never received an article 15 nor have I received a letter of reprimand therefore this is the reason I feel that an error occurred."

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: 061003
Discharge Received: 			   Date: 061222   Chapter: 4-2a       AR: 600-8-24
Reason: Miscellaneous/General Reasons	   RE:     SPD: JND   Unit/Location: C Co, 304th Intelligence Battalion, 111th Military Intelligence Brigade, Fort Huachuca, AZ 

Time Lost: None Listed

Article 15s (Charges/Dates/Punishment): NA

Courts-Martial (Charges/Dates/Punishment): NA

Counseling Records Available: Yes    No 

IV.  Soldier’s Overall Record
Age at current enlistment:  26
Current ENL Date: 051028    Current ENL Term: 03 Years  ?????
Current ENL Service: 	01 Yrs, 01Mos, 25Days ?????
Total Service:  		09 Yrs, 01Mos, 25Days The applicant's DD Form 214 under review makes reference to the applicant having 8 years, 1 month, and 18 days of prior inactive service, and 1 year, 3 months, and 15 days of prior active service.  Based on enlistment contracts and the NGB Form 22 found in the records, the applicant's DD Form 214 should show 7 years, 9 months, and 23 days of prior inactive service, and 2 months, and 7 days of prior active service.  The applicant enlisted in the Army National Guard (970507) for a period of 8 year, was transferred to the USARCG in (030516) to complete his service obligation, was released from the USARCG (050516).  Reassignment Orders dated 17 May 2005, show the applicant's expiration term of service date as (051216), it appears that a mistake may have been made in this date on the applicant reassignment orders.
Previous Discharges: 	ARNG-970517-970608/NA
                                       ADT-970609-970815/NA
                                       ARNG-970816-030516/HD
                                       USARCG-030517-050516/
Highest Grade: 2LT		Performance Ratings Available: Yes    No 
MOS: 35D/All Source Intelligen   GT: NA   EDU: BA   Overseas: None   Combat: None
Decorations/Awards: NDSM, ASR

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

VI.  Facts, Circumstances, and Legal Basis for Separation

       a.  Facts and Circumstances:
       Evidence of record shows that on 3 October 2006, the applicant was notified of initiation of elimination proceedings under the provisions of Chapter 4, AR 600-8-24, paragraphs 4-2a(4), failure of an officer to absorb technical proficiency required for grade and competitive category, 4-2a(11), failure of a course at a service school for academic reasons, 4-2b(5), acts of personal misconduct, and 4-2c(6), failure of a course at a service school.  The specific reason for elimination was for failing Phase 1 Re-Test and having been recommended for relief from Military Officer Basic Course 06-503, having been recycled from Course 06-07, due to his academic failures, Department of the Army, G3 declined to send the applicant to BOLC II, a mandatory training requirement to hold any branch as a Army Officer, failure to report to physical training (PT) formation on various occasions and for being disrespectful to a superior commissioned officer.  The applicant was directed to show cause for his retention in the Army .  He was advised that he could submit a voluntary resignation in lieu of further elimination or submit a rebuttal.  On 2 November 2006, the applicant submitted his rebuttal requesting reconsideration of his elimination from the US Army.  On 22 November 2006, the Commander, United States Army Intelligence Center and Fort Huachuca, Fort Huachuca, Arizona, recommended that the applicant be eliminated from the service with a honorable discharge.  On 22 November 2006, the applicant's elimination action was submitted to the Commander, Human Resources Command.  On 1 December 2006, the Commander of the US Army Human Resources Command forwarded the applicant's elimination action to the Deputy Assistant Secretary (Army Review Boards).  The Ad Hoc Review Board met.  The Department of the Army Ad Hoc Review Board reviewed the Probationary Officer Elimination Case based on misconduct, moral or professional dereliction.  On 7 December 2006, the Deputy Assistant Secretary (Army Review Boards) determined that the applicant would be separated from the United States Army with an honorable discharge.

       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 a careful review of all the applicant’s military records for the term of service under review and the issue he submitted, the analyst found no mitigating factors that would merit a change to the narrative reason for discharge on the applicant's DD Form 214.  The analyst carefully examined the applicant’s record of service during the term of service under review and noted that the commander initiated elimination proceedings under the provisions of Chapter 4, AR 600-8-24 by reason of substandard performance of duty.  Further the Ad Hoc Review Board reviewed the elimination action because of substandard performance of duty in accordance with AR 600-8-24, Chapter 4, paragraph 4-2a(4) and forwarded the elimination action to the Department of the Army, Office of the Assistant Secretary Manpower and Reserve Affairs for approval.  The evidence of record shows that the Deputy Assistant Secretary (Army Review Boards), reviewed the elimination action and determined that the applicant would be separated with an honorable discharge.  The analyst further noticed that someone in the elimination process inadvertently entered on the applicant's DD Form 214 the narrative reason as miscellaneous/general reason with a SPD Code of JND, and the separation authority, "To Be Determined."  However, the applicant's narrative reason for discharge on the DD Form 214 in accordance with AR 600-8-24, Chapter 4-2a should have been by reason of substandard performance with a SPD Code of "JHK."  In view of the aforementioned, it is the Board's policy not to change the narrative reason for discharge to a lesser degree than received even though substantiated in the applicant's record.  The Board will not downgrade a narrative reason for discharge.  Therefore, the analyst recommends to the board that the applicant's narrative reason for discharge was both proper and equitable.
       
       
       
       
       
       

VII.  Summary of Army Discharge Review Board Hearing

Type of Hearing: 		Date: 10 February 2009         Location: Washington, DC

Did the Applicant Testify?  Yes     No  

Counsel: NA

Witnesses/Observers: NA 

Exhibits Submitted: NA

VIII.  Board Discussion, Determination, and Recommendation
After carefully examining the applicant’s records 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						
	XI.  Certification Signature
Board Vote:  							          Approval Authority:	
Character - Change 0    No change 5
Reason -     Change 0    No change 5
(Board member names available upon request)
								         EDGAR J. YANGER			 
								         Colonel, U.S. Army
X.  Board Action Directed					         President, Army Discharge Review Board
Issue a new DD Form 214  					
Change Characterization to: 			         
Change Reason to: NA
Other: NA										
RE Code: 
Grade Restoration:   No   Yes   Grade: NA
ARMY DISCHARGE REVIEW BOARD - CASE REPORT AND DIRECTIVE

Case Number AR20080004710
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