IN THE CASE OF:  	Mr.

      BOARD DATE:  	21 March 2014

      CASE NUMBER:  	AR20130010650
___________________________________________________________________________

Board Determination and Directed Action

1.  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 discharge to be both proper and equitable and voted to deny relief.  

2.  However, notwithstanding the propriety of the applicant’s discharge, the Board found that the applicant’s DD Form 214, block 25 contains an erroneous separation authority (AR 600-8-24, Paragraph 2-37).    

3.  In view of the error, the Board directed an administrative correction to block 25 to read AR 600-8-24, Paragraph 2-33, as required by Army Regulations.  




      
      
      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 the narrative reason for his separation be changed.  

2.  The applicant states, in effect, that the narrative reason for separation on his DD Form 214 currently states “Failure to Complete Course of Instruction.”  The justification for this request is as follows: His orders from the Commander United States Army Human Resources
Command Fort Knox, KY, states that he should be honorably discharged under the provision of AR 600-8-24 Section XVII, Paragraph 2-33, due to his resignation from the course.  On his DD Form 214; however, it states AR 600-8-24 Paragraph 2-37 which under that paragraph states ‘Rules processing involuntary release from active duty due to failure of selection for permanent Reserve promotion.  He was not discharged under paragraph 2-37 as it states on his DD Form 214.  He had originally submitted a DA Form 4187 requesting a branch transfer and was told by his commander that he would need to resign from his current branch in order to do so.  Subsequently his request was approved by his commanders but he was unable to successfully branch transfer.  This is the reason he is asking for his narrative reason for separation to be changed to “Resigning from a Course.”  

DISCHARGE UNDER REVIEW INFORMATION:

a. Application Receipt Date:			3 June 2013
b. Discharge Received:			Honorable  
c. Date of Discharge:				1 October 2012				
d. Reason/Authority/SPD/RE Code:		Failure to Complete Course of Instruction, AR 							600-8-24, paragraph 2-37, JHF, NA
e. Unit of assignment:				B Company, 1st Battalion, 145th Aviation 							Regiment, Fort Rucker, AL	
f. Current Entry Date/Term:			OAD/27 July 2011, 6 years 		
g. Current Term Net Active Service:		1 year, 2 months, 5 days	
h. Total Service:				4 years, 7 months, 9 days
i. Time Lost:					None
j. Previous Discharges:			USMC (010820-020901), UNC									USAR (090306-110524), NA									RA (110525-110726), HD				
k. Highest Grade Achieved:			WO-1
l. Branch:					003A0, Student
m. GT Score:					NA
n. Education:					College Graduate
o. Overseas Service:				NIF
p. Combat Service:				None
q. Decorations/Awards:			NDSM, GWOTSM, ASR
r. Administrative Separation Board: 		No  
s. Performance Ratings:			Yes
t. Counseling Statements:			No
u. Prior Board Review:				No

SUMMARY OF SERVICE:		
	
The applicant enlisted in the USMC in 2001 for a year, then joins the USAR in 2009 for two years, joined the Regular Army on 25 May 2011, and was appointed as a warrant officer on 27 July 2011.  He was 24 years old at the time and a college graduate.  The applicant’s record shows no acts of valor or meritorious achievements.  His record indicates he was stationed at Fort Rucker, AL, at the time of his discharge.   

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 discharged from the Army Reserve/AV; however, the applicant submitted a copy of a memorandum with the subject matter; statement for self-elimination, dated 18 November 2011; and a DA Form 4187 (Personnel Actions), dated 7 December 2011, requesting a branch transfer; and a HRC decision memorandum, dated 31 August 2012.   

2.  On 18 November 2011, the applicant voluntarily requested in writing that the chain of command accept his self elimination from the United States Army Warrant Officer Flight Training Program and indicated that he plans to re-branch to 420A Human Resources Technician with his credentials and complete his Masters in Public Health given the opportunity, and would gladly finish off his career with the United States Army.  

3.  On 7 December 2011, the applicant submitted a DA Form 4187, Personnel Action Form and requested a Branch Transfer.  In the remarks section of the DA Form 4187 it was annotated that the applicant;

      a.  Requested a MOS reclassification to one of the following, in order of preference: 

	     420A 

	b.  Issues with his spouse and her family would place a burden on the Army Aviation.
	
	c.  The applicant consulted with his chain of command regarding this action.

	d.  The applicant met height/weight standards as outlined in AR 600-9 and was not in contravention of AR 600-8-2.

4.  On 7 December 2011, Major, AV, Commanding recommended approval. 

5.  The record is void of the intermediate commander’s recommendations for approval of the applicant’s request and government regularity is presumed in the discharge process.

6.  31 August 2012, the Commander US Army Human Resources Command, Fort Knox, KY approved the applicant’s involuntarily release from active duty under the provisions of AR 600-8-24, Chapter 2, Section XVII, Paragraph 2-33, with issuance of an honorable discharge and a Separation Program Designator (SPD) Code JHF. 

7.  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 also indicates that on 1 October 2012, the applicant was discharged from active duty under the provisions of AR 600-8-24, paragraph 2-37, for failure to complete course of instruction, with a characterization of service of honorable and a Separation Program Designator (SPD) code of JHF and a reentry (RE) code of NA.  

8.  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, terminating the Aviation Career Incentive Pay, dated 7 December 2011.

2.  The record also contains DD Form 214, dated 21 September 2012.

3.  The applicant’s record does not contain any negative or derogatory information.


EVIDENCE SUBMITTED BY THE APPLICANT:

The applicant provided a DD Form 293, DD Form 214, copy of a memorandum of self-elimination, a DA Form 4187 (Personnel Actions), and a HRC decision memorandum.
  
POST-SERVICE ACTIVITY: 

None provided with the application. 

REGULATORY AUTHORITY:

1.  Army Regulation (AR) 600-8-24 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. Release from AD requests are restricted to USAR officers who have not fulfilled their initial 8-year MSO
or USAR officers who have fulfilled their initial MSO but who wish to voluntarily transition from the ADL to the reserve active status list (RASL), with assignment to the Individual Ready Reserve/Selected Reserve.

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 authenticated by the applicant's signature.  This document identifies the reason and characterization of the discharge and the presumption of government regularity prevail in the discharge process.  

3.  The DD Form 214 shows the applicant was released from active duty under the provisions of paragraph 2-37, AR 600-8-24, for failure to complete course of instruction, 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 "JHF" as the appropriate code to assign an officer for failure to complete course of instruction.  

6.  The applicant contends his narrative reason for separation was improper.  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.  

7.  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.

8.  The review of the applicant’s record also revealed that someone in the discharge process erroneously entered the wrong separation authority as to the paragraph; AR 600-8-24, Paragraph 2-37.  The separation authority approved the discharge under the provisions of AR 600-8-24, Paragraph 2-33.    



9.  In view of the foregoing, the characterization of service being both proper and equitable, recommend the Board to deny relief.  However, notwithstanding the propriety of the applicant’s discharge, it is recommended that block 25 be changed to read; separation authority, AR 600-8-24, Paragraph 2-33 as required by the Army Regulation.    


SUMMARY OF ARMY DISCHARGE REVIEW BOARD HEARING:

Type of Hearing:  Record Review      Date:  21 March 2014      Location:  Washington, D.C.

Did the Applicant Testify?  NA

Counsel:  None

Witnesses/Observers: NA

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:		Yes
Change Characterization to:	NA
Change Reason to:			No Change
Change Authority for Separation:	AR 600-8-24, Chapter 2, Paragraph 2-33
Change RE Code to:		NA
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)		AR20130010650



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ARMY DISCHARGE REVIEW BOARD (ADRB)

CASE REPORT AND DIRECTIVE



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