Applicant Name:  ?????

Application Receipt Date: 2009/03/24	Prior Review:     Prior Review Date: NA     

I.  Applicant Request:  Upgrade     Reason Change     RE Code Change    

Issues: See DD Form 149  and attached documents submitted by the applicant in lieu of DD Form 293.

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: 080828
Discharge Received: 			   Date: 081117   Chapter: 4-2a      AR: 600-8-24 
Reason: Substandard Performance	   RE:     SPD: JHK   Unit/Location: 404th AV Spt Bn, CAB (Rear) (Provisional), Fort Hood, TX 

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:  29
Current ENL Date: 051208    Current ENL Term: ?? Years  ?????
Current ENL Service: 	02 Yrs, 11Mos, 10Days ?????
Total Service:  		14 Yrs, 01Mos, 07Days ?????
Previous Discharges: 	RA-941011-051207/HD
Highest Grade: 02		Performance Ratings Available: Yes    No 
MOS: 67B Laboratory Sciences   GT: NA   EDU: BS (Nursing)   Overseas: Southwest Asia   Combat: Iraq (060511-061114)
Decorations/Awards: ARCOM, AAM, AGCM-3, NDSM, ICM-W/CS, GWOTSM, HSM, OSR , MUC

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

VI.  Facts, Circumstances, and Legal Basis for Separation

       a.  Facts and Circumstances:
       The evidence of record shows that on 16 June 2008, the applicant was notified of initiation of elimination proceedings under the provisions of Chapter 4, Paragraph 4-2a, AR 600-8-24, by reason of substandard performance.  The applicant was directed to show cause for retention on active duty by reason of failure to provide an adequate family care plan as required by paragraph 5-5, AR 600-20, and failure to provide a family care plan prevents her from deploying with the unit.  She was advised that she could submit a voluntary resignation in lieu of further elimination, request discharge in lieu of elimination, apply for retirement if otherwise eligible, or submit a written rebuttal statement.  On 28 July 2008, the applicant requested discharge in lieu of further elimination proceedings under the provisions of Chapter 4, AR 600-8-24.  The applicant elected to waive her right to appear before a board of officers (Board of Inquiry).  On 28 August 2008, the Commander, Headquarters, III Corps and Fort Hood, Fort Hood, TX, recommended that the applicant be eliminated from the service under the provisions of Chapter 4, AR 600-8-24, with issuance of a fully honorable discharge.  On 8 October 2008, the Deputy Assistant Secretary (Army Review Boards) approved the recommendation of the Army Ad Hoc Review Board, and directed that the applicant be 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 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 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, the issues and documents that she submitted, the analyst found no mitigating factors that would merit a change to the applicant's narrative reason for discharge.  The evidence of record shows that the separation authority approved the applicant's discharge under the provisions of Chapter 4, Paragraph 4-2a, AR 600-8-24, by reason of substandard performance, with a characterization of service of fully honorable.  The applicant provided no independent corroborating evidence demonstrating that either the command's action was erroneous or that the applicant’s service mitigated the substandard performance.  Furthermore, the analyst noted the applicant's issue; however, the narrative reason for separation is governed by specific directives.  The applicant was discharged under the provisions of Chapter 4, paragraph 4-2a, 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 "JHK."  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.  Further, the analyst determined that the applicant had many legitimate avenues through which to obtain assistance or relief, without committing the substandard performance, which led to the separation action under review.  In view of the foregoing, the analyst determined that the narrative reason for discharge and 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: 22 December 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 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 discharge and the separation (SPD) code were both proper and equitable and voted to deny relief.












        
IX.  Board Decision						
	XI.  Certification Signature
Board Vote:  							          Approval Authority:	
Character - Change 0    No change 0
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: No Change
Other: NA										
RE Code: 
Grade Restoration:   No   Yes   Grade: None
ARMY DISCHARGE REVIEW BOARD - CASE REPORT AND DIRECTIVE

Case Number AR20090005366
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