Applicant Name:  ?????

Application Receipt Date: 2009/04/13	Prior Review:     Prior Review Date: NA     

I.  Applicant Request:  Upgrade     Reason Change     RE Code Change    

Issues: See DD Form 293 and attached 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: 001011
Discharge Received: 			   Date: 010325   Chapter: 4-2a       AR: 600-8-24
Reason: Substandard Performance	   RE:     SPD: JHK   Unit/Location: HQ & HQ Company, 16th Ordnance Battalion, 61st Ordnance Brigade, US Army Ordnance Center and School, Aberdeen Proving Ground, MD 

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:  21
Current ENL Date: 930910    Current ENL Term: Indefinite Years  ?????
Current ENL Service: 	7 Yrs, 6 Mos, 16Days ?????
Total Service:  		7 Yrs, 6 Mos, 16 Days ?????
Previous Discharges: 	None
Highest Grade: CPT/0-3		Performance Ratings Available: Yes    No 
MOS: 91B 3R Tank Auto Mat Mgmt/90A Logistics   GT: NA   EDU: BA Degree   Overseas: Korea (980106-990107)   Combat: None
Decorations/Awards: ARCOM (2), NDSM, MOVSM (1), ASR, OSR

V.  Post-Discharge Activity
City, State:  ?????
Post Service Accomplishments: None submitted by the applicant.

VI.  Facts, Circumstances, and Legal Basis for Separation

       a.  Facts and Circumstances:
       The evidence of record shows that on 22 January 2001, 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 in the Army due to him failing to achieve satisfactory progress in the Army Weight Control Program, as evidence by his weight control packet from 0007-0011. 
       
       He was advised that he could submit a voluntary resignation in lieu of elimination or submit a rebuttal and request an appearance before a Board of Inquiry, apply for retirement if otherwise eligible, or submit a written rebuttal statement.  On 1 February 2001, 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 his right to appear before a board of officers (Board of Inquiry).  The Ad Hoc Review Board recommended that the applicant’s elimination be accepted with issuance of an honorable discharge.  On 21 February 2001, the Deputy Assistant Secretary (Army Review Boards) approved the recommendation of the Army Ad Hoc Review Board and directed that the applicant be discharged with a characterization of honorable.  

       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.  AR 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 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.

       c.  Response to Issues, Recommendation and Rationale:  
After a careful review of all the applicant’s military records during the period of enlistment 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 discharge on the applicant's DD Form 214.  The applicant was discharged under the provisions of Chapter 4-2a, AR 600-8-24, by reason of substandard performance with an honorable discharge.  

The narrative reason for separation is governed by specific directives.  The applicant was discharged under the provisions of Chapter 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.  There is no provision for any other reason to be entered under this regulation. 

The analyst noted the applicant's contention regarding the fact that he incurred a service obligation without  being made fully aware of the options available for education financing; however, the correction that the applicant requests to be made to his DD Form 214, 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 can be obtained on line or from the Veterans Administration.  In view of the foregoing, the analyst determined that the narrative reason for discharge 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: 2 April 2010         Location: Washington, D.C.

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 period of enlistment under review and considering the analyst’s recommendation and rationale, the Board determined that the applicant's narrative reason for 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 AR20090007810
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