Applicant Name:  ?????

Application Receipt Date: 2009/07/09	Prior Review:     Prior Review Date: NA     

I.  Applicant Request:  Upgrade     Reason Change     RE Code Change    

Issues: The applicant states: "I was in flight school and was discharged due to a lapse in my family care plan.  I was a single father due to a divorce and being granted Sole Custody by the courts.  I was sent in front of a Show Cause Board and the results of the board was I was to be retained in the US Army.  I maintained an 89% average and never failed a test or a check ride in flight school.  When I was told that I had to rebranch because I was eliminated from flight school after the board said to retain me.  I went to the AG office for rebranch.  The AG office said no branch would take me because I was prior Navy and they cut me orders for seperation and ignored the Show Cause board results.  After Seperation I spoke to the Chief of Transportation [redacted] and with all my Navy time and qualifications he said I was qualified and I should have sent him my paperwork before discharge.  I feel that I should have never been dishcarged or seperated from the Army.  I was given Sole Custody of my children due to abuse from their mother.  I did what was right for my family and was trying to get everything in order for my family care plan when I eliminated from Flight school.  I would like to be reenstated in the US Army and allowed to finish flight school or allowed to attend Marine Deck Officer school which [redacted] said he would approve when he received my request.  I would like to continue with my 14 1/2 years of service I had already completed."

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: NIF
Discharge Received: 			   Date: 090202   Chapter: 2-37       AR: 600-8-24
Reason: Failure to Complete Course of Instruction	   RE:     SPD: JHF   Unit/Location: B Co, 1/145th Avn Regt, 1st Avn Bde, Fort Rucker, AL 

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: 050908    Current ENL Term: 06 Years  ?????
Current ENL Service: 	03 Yrs, 04Mos, 25Days ?????
Total Service:  		14 Yrs, 05Mos, 24Days ?????
Previous Discharges: 	USN-940809-050719/HD
                                       RA-050720-050907/HD
Highest Grade: WO1		Performance Ratings Available: Yes    No 
MOS: 003A0/Student   GT: NIF   EDU: HS Grad   Overseas: None   Combat: None
Decorations/Awards: NGCM-2, NDSM, GWOTEM, GWOTSM, KCM, AFSM, NATOMD

V.  Post-Discharge Activity
City, State:  Fort McCoy, FL
Post Service Accomplishments: None Listed

VI.  Facts, Circumstances, and Legal Basis for Separation

       a.  Facts and Circumstances:
       The specific facts and circumstances leading to the applicant's discharge from the Army are not contained in the available records.  However, the record does contain a properly constituted DD Form 214 (Certificate of Release or Discharge from Active Duty), which was authenticated by the applicant's signature.  His DD Form 214 indicates that he was discharged under the provisions of Chapter 2, Paragraph 2-37, AR 600-8-24, by reason of failure to complete course of instruction, with a characterization of service of honorable.  Furthermore, the DD Form 214 shows a Separation Code of JHF (i.e., failure to complete course of instruction).

       b.  Legal Basis for Separation:  
       Army Regulation 600-8-24 sets the basic authority for Officer Transfers and Discharges.  Chapter 2, Paragraph 2-37 outlines the policy, procedure, and rules for processing involuntary REFRAD and termination of Reserve appointments of student officers and warrant officers attending branch orientation, familiarization courses, or Warrant Officer Basic Courses (WOBC).  An RC officer with less than 3 years commissioned service will be released from AD and discharged from his or her USAR commissioned when the officer fails to meet the standards of service schools due to misconduct, moral or professional dereliction, academic or leadership deficiencies, or resigning from a course.

       c.  Response to Issues, Recommendation and Rationale:  
       After a careful review of all the applicant’s available military records during the term of service under review, the documents, and the issues 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 2, Paragraph 2-37, AR 600-8-24, by reason of failure to complete course of instruction, with a characterization of service of honorable.
       
       The applicant’s record is void of the specific facts and circumstances concerning the events that led to the former Soldier’s discharge from the Army.  However, the applicant’s record does contain a properly constituted DD Form 214 (Certificate of Release or Discharge from Active Duty), which was authenticated by the applicant's signature.  This document identifies the reason and characterization of the discharge and the analyst presumed government regularity in the discharge process.  
       
       The DD Form 214 indicates the applicant was discharged under the provisions of of Chapter 2, Paragraph 2-37, AR 600-8-24, by reason of failure to complete course of instruction, with a characterization of service of honorable.  Barring evidence to the contrary, the analyst was satisfied that all requirements of law and regulation were met and the rights of the applicant were fully protected throughout the separation process.
       
       The narrative reason for separation is governed by specific directives.  The applicant was discharged under the provisions of Chapter 2, Paragraph 2-37, AR 600-8-24.  The narrative reason specified by Army Regulations for a discharge under this paragraph is "Failure to Complete Course of Instruction” and the separation code is "JHF."  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 applicant contends he was discharged due to a lapse in his family care plan and that no branch would take him because he was prior Navy.  However, the analyst is unable to determine whether these contentions have merit because the facts and circumstances leading to the discharge are unknown.  The burden of proof remains with the former Soldier to provide the appropriate documents or other evidence sufficient to explain the facts, circumstances, and reasons underlying the separation action, for the Board's consideration.  If the applicant desires a personal appearance hearing, it will still be his responsibility to meet the burden of proof since the evidence is not available in the official record.
       
       Therefore, based on the available evidence, the analyst presumes government regularity in the discharge process and concludes that it appears 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: 30 June 2010         Location: Washington, DC

Did the Applicant Testify?  Yes     No  

Counsel: NA

Witnesses/Observers: NA 

Exhibits Submitted: Elimination Action memorandum, Report of Proceedings by Investigating Officer/Board of Officers (7 pages), and DD Form 214 for the period of service under review.

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 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 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: NA
Other: NA										
RE Code: 
Grade Restoration:   No   Yes   Grade: NA













Legend:
AWOL    	Absent Without Leave		GCM   General Court Martial	NA   Not applicable			SCM	Summary Court Martial
BCD   	Bad Conduct Discharge	GD      General Discharge	NIF   Not in the file			SPCM	Special Court Martial
CG 	Company Grade Article 15	HD      Honorable Discharge	OAD   Ordered to Active Duty		UNC	Uncharacterized Discharge  
DD 	Dishonorable Discharge	HS       High School Graduate	OMPF   Official Military Personnel File	UOTH  	Under Other Than Honorable 
FG	Field Grade Article 15		IADT   Initial Active Duty Training	RE     Reentry Code				Conditions 

ARMY DISCHARGE REVIEW BOARD - CASE REPORT AND DIRECTIVE

Case Number AR20090011464
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