Applicant Name:  ?????

Application Receipt Date: 081211	Prior Review:     Prior Review Date: NA     

I.  Applicant Request:  Upgrade     Reason Change     RE Code Change    

Issues: See enclosed DD Form 293 and documents submitted by the Applicant

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: NA
Discharge Received: 			   Date: 020106   Chapter: 2-21    AR: 600-8-24
Reason: Non-Retention on Active Duty	   RE:     SPD: LGH   Unit/Location: 25th AV Bn Schofield Barracks, HI 

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:  30
Current ENL Date: 930319    Current ENL Term: Indefinite  Years  ?????
Current ENL Service: 	8 Yrs, 9Mos, 18Days ?????
Total Service:  		12 Yrs, 9Mos, 18Days ?????
Previous Discharges: 	HD 890319-930318/RA
                                        
Highest Grade: CW2		Performance Ratings Available: Yes    No 
MOS: 153DC UH-60 Pilot   GT: NIF   EDU: AA Degree   Overseas: Italy, Korea, Hawaii   Combat: None
Decorations/Awards: ARCOM, MUC, AAM, MCGCM, NDSM, HSM, ASR, OSR-3,  AVB, 

V.  Post-Discharge Activity
City, State:  Abingdon, MD
Post Service Accomplishments: Currently serving in the MDARNG, promoted to CW3 (010319); service in Iraq (051120-060723) and Afghanistan (070911-080524) additional awards AM-2, MSM, ARCOM-2, GWOTSM, ICM, AFRM-2, OSR-2, CAB, SAA,  MCM,  

VI.  Facts, Circumstances, and Legal Basis for Separation

       a.  Facts and Circumstances:
       The evidence of record shows that the on 8 August 2003,DA, US Total Army Personnel Command, ST. Louis, MO; 63132-5200, LTC, GS; Chief, Officer of Promotions, Reserve Components, in a memorandum; promoted the applicant in the Grade/Rank of CW3 as a Reserve Commissioned Officer of the Army per (AR 135-155).  He was advised unless he expressly declined or requests delay of this promotion within 60 days, the promotion will be effective 19 March 2001 as shown in the memorandum.  Procedurally, the applicant was to decline the RA integration when selected, by signing the declination statement.  However, that particular document is not part of the available record and the analyst presumed Government regularity in the discharge process.  Further, on 30 January 2001, DA, US Total Army Personnel Command, Alexandria, VA 22332-0413; issued Orders 7-1-A-22, revoking the applicant’s promotion to CW3 and RA appointment due to the applicant’s declination statement.  On 21 February 2001, a Message from the CDRPERSCOM, Alexandria, VA 22332-0413, TAPC-PDT-PM; addressed to the Commander, 556th PSB Schofield Barracks, HI, APVG-PSB-PO; released the applicant from active duty under the provisions of AR 600-8-24, Section X, Paragraph 2-21, by reason of  Involuntary REFRAD due to declination of Regular Army integration and promotion.  Further, it indicated that the applicant would be released from active duty upon completion of his active duty service obligation (ADSO), with an effective date of 6 January 2002.  The record contains a properly constituted DD Form 214 (Certificate of Release or Discharge from Active Duty), which was authenticated by the applicant’s signature.  The DD Form 214 indicates that the applicant was released under the provisions of AR 600-8-24, Chapter 2, Section X, and paragraph 2-21 by reason of Involuntary REFRAD due to Declination of RA integration with an Honorable characterization of service.  Furthermore, the DD Form 214 shows a Separation Code of LGH (i.e., Non-Retention on Active Duty).  The applicant was transferred to the US Army Reserve Control Group (IRR) AR-PERSCOM, ST. Louis, MO 63132. 

       b.  Legal Basis for Separation:  
Army Regulation 600-8-24 sets forth the basic authority for the separation of commissioned and warrant officers from the active Army.  Chapter 2, Section X, establishes policy and procedures for involuntary release from Active Duty.  Paragraph 2-21(a) provides that a Reserve commissioned or warrant officer who was selected for but declined RA integration after automatic consideration under AR 601-100 will be released from AD when all service obligations (ADSO) have been fulfilled.  The SAA will ensure that the necessary action is taken to effect the release on the scheduled release date of officers who sign declination statements.

       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 issue and documents submitted with the application, the analyst found no mitigating factors that would merit a change to the narrative reason for separation on the applicant's DD Form 214.  The evidence of record shows that the separation approving authority directed that the applicant be released from active duty under the provisions of Chapter 2-21, AR 600-8-24, Section X, by reason of Declination of Regular Army Integration and Promotion.  The record contains a properly constituted DD Form 214 (Certificate of Release or Discharge from Active Duty), which was authenticated by the applicant’s signature.  The DD Form 214 indicates that the applicant was discharged under the provisions of AR 600-8-24, Chapter 2, paragraph 2-21 by reason of Non-Retention on Active Duty with an Honorable characterization of service.  Also, the DD Form 214 shows a Separation Code of LGH (i.e., Non-Retention on Active Duty) and that the applicant was released from active duty and transferred to the US Army Reserve Control Group (IRR) AR-PERSCOM, ST. Louis, MO 63132.  Furthermore, the analyst noted the applicant's issue requesting that his narrative reason for discharge be changed; however, the narrative reason for separation is governed by specific directives.  The applicant was released under the provisions of Chapter 2, AR 600-8-24, Paragraph 2-21, and the narrative reason specified by Army Regulations for a release from active duty under this paragraph is "Non-Retention on Active Duty” and the separation code is "LGH."  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 and separation code, entered in block 26 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.  In view of the foregoing, the analyst determined that the narrative reason for the applicant’s release from active duty and the separation code (SPD) was both proper and equitable and recommends to the Board to deny relief.   

VII.  Summary of Army Discharge Review Board Hearing

Type of Hearing: 		Date: 090309         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 record of service during the term of service under review, hearing his testimony and considering the analyst’s recommendation and rationale, the Board determined that the narrative reason for separation is now inequitable. The board found that the overall length and quality of the applicant’s service and his post service accomplishments to include his combat service (i.e., his service in Iraq and Afghanistan) merited a change to the applicant’s narrative reason for separation to “Miscellaneous/General Reasons” with a corresponding SPD code of “LND”.  

        
IX.  Board Decision						
	XI.  Certification Signature
Board Vote:  							          Approval Authority:	
Character - Change 0    No change 5
Reason -     Change 5    No change 0
(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: Miscellaneous/General Reasons with a corresponding SPD code of “LND”.  
Other: NA										
RE Code: 
Grade Restoration:   No   Yes   Grade: NA
ARMY DISCHARGE REVIEW BOARD - CASE REPORT AND DIRECTIVE

Case Number AR20080019295
______________________________________________________________________________


Page 1 of 3 pages