IN THE CASE OF:  	

      BOARD DATE:  	25 October 2013

      CASE NUMBER:  	AR20130007018
___________________________________________________________________________

Board Determination and Directed Action

After carefully examining the applicant's record of service during the period of enlistment under review and considering the Discussion and Recommendation which follows, the Board determined the narrative reason for discharge was both proper and equitable and voted to deny relief.




      
      
      Presiding Officer
      
I certify that herein is recorded the true and complete record of the proceedings of the Department of the Army Discharge Review Board in this case.

THE APPLICANT’S REQUEST AND STATEMENT:

1.  The applicant requests a change to the narrative reason for separation.

2.  The applicant states, in effect, his narrative reason for separation was improper as a matter of propriety and equity.  The reason for separation was based upon a recommendation from a commander, who used factually inaccurate information which was contrary to his official flight records.

DISCHARGE UNDER REVIEW INFORMATION:

a. Application Receipt Date:			8 April 2013
b. Discharge Received:			Honorable
c. Date of Discharge:				12 December 2012			
d. Reason/Authority/SPD/RE Code:		Non-Retention on Active Duty, AR 600-8-24							Chapter 2, paragraph 2-27, NA
e. Unit of assignment:				HHC, 1-376th Aviation (S&S), Grand Island 							NE
f. Current Entry Date/Term:			18 December 2011/OAD, until 15 December 							2012
g. Current Term Net Active Service:		11 month, 28 days
h. Total Service:				18 years, 3 months
i. Time Lost:					None
j. Previous Discharges:			ANGUS-(940916-950614)/NA									IADT (950615-951123)/HD										AFANGUS-(951124-990114)/HD									USARCG/ROTC-(990115-000823)/NA								AD (000824-050302)/HD										ARNG-(050303-051203)/NA									ADT-(051204-070110)/HD										ARNG-(070111-070617)/NA									ADT-(070618-080530)/HD										ARNG-(080531-080930)/NA									AD (081001-110102)/HD										AGR (110103-111217)/HD
k. Highest Grade Achieved:			O-3
l. Military Occupational Specialty:		15A Aviation, General/15B Aviation Combined 							Arms
m. GT Score:					NA
n. Education:					BS Degree
o. Overseas Service:				Europe
p. Combat Service:				Kosovo (110328-111208)
q. Decorations/Awards:			ARCOM, ARCAM, NDSM-2, GWOTEM, 							GWOTSM, AFRM-W”M” DEV, AFRM-W/”10 							YEAR” DEV, ASR, OSR, AFAM, USAFOUA-3 							AFRFMSM, USAFESR-W/GF, USAFTR, KCM-							W/BS, NATO MDL (KOSOVO)
r. Administrative Separation Board: 		No
s. Performance Ratings:			None
t. Counseling Statements:			No
u. Prior Board Review:				No

SUMMARY OF SERVICE:

The applicant enlisted in the Army National Guard on 16 September 1994, the period of service was not in the file, and he was 17 years old.  He was initially trained in and awarded military occupational specialty (MOS) 2W151, Weapons Release Systems Repairman.  He was discharged on 14 January 99, with an honorable discharge.  He was accepted in advanced Reserve Officer Training Corps on 15 January 1999 until 23 August 2000.  He was ordered to active duty on 24 August 2000 and released with an honorable discharge.  He was commissioned and appointed as a first lieutenant in the Army National Guard on 3 March 2005 and he was 27 years old with a college degree.  He was ordered to active duty on 4 December 2005 and released with an honorable discharge to his National Guard unit.  He was ordered to active duty on 18 June 2007 and released with an honorable discharge to his National Guard unit.  He was ordered to active duty on 1 October 2008 and released with an honorable discharge to his National Guard unit.  His record shows he was ordered to active duty again on 3 January 2011 and he served a combat tour and earned several awards including an ARCOM and an ARCAM.  He was released with an honorable discharge to his National Guard unit.  He was assigned to HHC, 1-376th Aviation, Grand Island, NE, when he was involuntary released from active duty.

SEPARATION FACTS AND CIRCUMSTANCES:

1.  The applicant’s service record is void of the specific facts and circumstances concerning the events which led to his involuntary release from active duty and return to the Army National Guard.  However, the record contains a properly constituted DD Form 214 (Certificate of Release or Discharge from Active Duty), which was not authenticated by the applicant’s signature (unavailable to sign).  

2.  The DD Form 214 indicates that on 15 December 2012, he was released from active duty under the provisions of Chapter 2, paragraph 2-27, AR 600-8-24, for non retention on active duty, with a characterization of service of honorable.  The DD Form 214 also shows a Separation Program Designator (SPD) code of LGH and a reentry (RE) code of NA.  

3.  The applicant’s available record does not contain any documented actions under the Uniform Code of Military Justice (UCMJ), unauthorized absences or time lost.

EVIDENCE OBTAINED FROM THE APPLICANT'S RECORD:

1.  The record contains active duty orders, dated 23 December 2011, with an amendment dated, 19 September 2012.
2.  The record also contains DD Form 214, dated 15 December 2012.

EVIDENCE SUBMITTED BY THE APPLICANT:

The applicant provided an online application, and a DD Form 214.

POST-SERVICE ACTIVITY: 

The applicant did not provide any with his application.

REGULATORY AUTHORITY:

1.  Army Regulation (AR) 600-8-24, Officer Transfers and Discharges, sets forth the basic authority for the separation of commissioned and warrant officers.  Chapter 2 sets forth the tasks, rules, and steps for the release from active duty (REFRAD) of RC officers and officers of the Army of the United States without specification of component, including those assigned to other than DA agencies.  

2.  Chapter 2-27, states the Department of the Army Active Duty Board (DAADB, qualitative) is the Army’s tool for ensuring that only an RC officer who consistently maintains high standards of performance, efficiency, morality, and professionalism is permitted to serve on AD.  The Director, Army Council of Review Boards, will operate the DAADB.  Approval authority to release or retain an officer under this paragraph is the Secretary of the Army or their designated representative.  Their decisions are final.

3.  AR 600-8-24, paragraph 1-22a, provides that an officer will normally receive an honorable characterization of service when the quality of the officer’s service has met the standards of acceptable conduct and performance of duty.  An honorable discharge is a separation with honor and entitles the recipient to benefits provided by law.

4.  Army Regulation 635-5-1 (Separation Program Designator (SPD) Codes) provides the specific authorities (regulatory or directive), reasons for separating Soldiers from active duty, and the SPD codes to be entered on the DD Form 214.  It identifies the SPD code of "LGH" as the appropriate code to assign officer Soldier who is released from active duty under the provisions of Army Regulation 600-8-24, Chapter 2, paragraph 2-27, non retention on active duty.

5.  The SPD Code/RE Code Cross Reference Table shows that an officer who is refraded will be assigned an SPD Code of "LGH" and an RE Code of NA.

DISCUSSION AND RECOMMENDATION:

1.  The applicant’s request for a change to the narrative reason for separation was carefully considered.  However, after examining his available military record, the issues and document submitted with the application, there are insufficient mitigating factors to merit a change to the narrative reason for separation.
2.  The applicant’s record is void of the specific facts and circumstances concerning the events which led to his involuntary release from active duty.  The record contains a properly constituted DD Form 214 (Certificate of Release or Discharge from Active Duty), which was not authenticated by the applicant's signature (unavailable to sign).  This document identifies the reason and characterization of the discharge and the presumption of government regularity prevails in the discharge process.  

3.  The DD Form 214 shows the applicant was released from active duty under the provisions of Chapter 2, paragraph 2-27, AR 600-8-24, for non retention on active duty, with a characterization of service of honorable.  Barring evidence to the contrary, it appears that all requirements of law and regulation were met and the rights of the applicant would have been protected throughout the separation process.  

4.  The applicant provided no independent corroborating evidence demonstrating that either the command's action was erroneous or that the applicant’s service mitigated the misconduct or poor duty performance.  

5.  The applicant requested a change to the narrative reason for separation.  Army Regulation 635-5-1 (Separation Program Designator (SPD) Codes) provides the specific authorities (regulatory or directive), reasons for separating Soldiers from active duty, and the SPD codes to be entered on the DD Form 214.  It identifies the SPD code of "LGH" as the appropriate code to assign an officer who is released from active duty under the provisions of Army Regulation 600-8-24, Chapter 2, paragraph 2-27, non retention on active duty.

6.  The SPD Code/RE Code Cross Reference Table shows that an officer who is refraded will be assigned an SPD Code of "LGH" and an RE Code of NA.

7.  The applicant contends his narrative reason for separation was improper as a matter of propriety and equity; the reason for separation was based upon a recommendation from a commander, who used factually inaccurate information which was contrary to his official flight records.  However, there is insufficient evidence available in the official record to make a determination as to whether this contention has merit.  Moreover, there is a presumption of regularity in the conduct of governmental affairs which is applied in all Army discharge reviews unless there is substantial credible evidence to rebut the presumption.  There is no evidence in the record, nor has the applicant produced any evidence, to support a change to the narrative reason for separation.  The applicant’s statements alone did not overcome the presumption of government regularity and the application contains no documentation or further evidence in support of this request for change to the narrative reason for separation.  

8.  If the applicant desires a personal appearance hearing, it will be his responsibility to meet the burden of proof and provide the appropriate documents (i.e., the discharge packet) or other evidence sufficient to explain the facts, circumstances, and reasons underlying the separation action, for the Board’s consideration because they are not available in the official record.

9.  Therefore, based on the available evidence and the government presumption of regularity, it appears the reason for discharge and the characterization of service are both proper and equitable, thus recommend the Board deny relief.

SUMMARY OF ARMY DISCHARGE REVIEW BOARD HEARING:

Type of Hearing:  Records Review     Date:   25 October 2013      Location: Washington, DC

Did the Applicant Testify:  No

Counsel:  Yes

Board Vote:
Character Change: NA 	No Change:  NA
Reason Change:    0	No Change:  5
(Board member names available upon request)

Board Action Directed:
Issue a new DD Form 214:			No
Change Characterization to:		No Change
Change Reason to:				No Change
Change Authority for Separation:		No Change
Change RE Code to:			No Change
Grade Restoration to:			NA
Other:						NA

















Legend:
AMHRR - Army Military Human Resource Record	FG - Field Grade	IADT – Initial Active Duty Training	 	RE - Reentry
AWOL - Absent Without Leave	GD - General Discharge	NA - Not applicable	SCM- Summary Court Martial
BCD - Bad Conduct Discharge	HS - High School	NIF - Not in File	SPCM - Special Court Martial
CG - Company Grade Article 15	HD - Honorable Discharge	OAD - Ordered to Active Duty	UNC - Uncharacterized Discharge  
CID - Criminal investigation Department	MP – Military Police	OMPF - Official Military Personnel File	UOTHC - Under Other Than                           			               Honorable Conditions


ADRB Case Report and Directive (cont)		AR20130007018



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ARMY DISCHARGE REVIEW BOARD (ADRB)

CASE REPORT AND DIRECTIVE



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