IN THE CASE OF:  	Mr. 

      BOARD DATE:  	1 July 2014

      CASE NUMBER:  	AR20130015684
___________________________________________________________________________

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 characterization of service was too harsh based on the overall length and quality of the applicant's service and the circumstances surrounding the discharge (i.e., the applicant was branched aviation from ROTC, he was scheduled for BOLC classes, on 9 March 2008 and 25 April 2008; however, those orders were to attend Military Intelligence BOLC and were revoked 18 days after they were issued, an attempt was made to transfer him to a fixed wing school, which was disapproved by the 11th Aviation Command, and he graduated first in his ROTC class, was a Distinguished Military Graduate, maintained a 3.5 grade point average (GPA) while completing a double major, and consistently scored 300+ on his PT test), and as a result it is inequitable.  

2.  Accordingly, the Board voted to grant full relief in the form of an upgrade of the characterization of service to honorable.




      
      
      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 his general, under honorable conditions discharge be upgraded to honorable.  

2.  The applicant states, in effect, he was discharged improperly because he did not fail to report for two separate basic officer leadership course (BOLC) scheduled for 9 March 2008 and 2 May 2008; the orders were revoked 18 days after being issued.  He was discharged improperly because he failed to complete military education requirements.   

DISCHARGE UNDER REVIEW INFORMATION:

a. Application Receipt Date:		22 August 2013
b. Discharge Received:		General, Under Honorable Conditions
c. Date of Discharge:			6 September 2010
d. Reason/Authority/SPD/RE Code:	Failure to Complete a Basic Branch Course, 							AR 135-175, paragraph 4-4a(13), NA
e. Unit of assignment:			HHC, 1-214th Aviation Regiment, Joint Base Lewis-						McChord, WA
f. Current Enlistment Date/Term:	19 December 2007, NIF/to complete reserve/military 						service obligation (120514)
g. Current Enlistment Service:	2 years, 8 months, 18 days
h. Total Service:			8 years, 7 months, 16 day
i. Time Lost:				None
j. Previous Discharges:		USAR/Cadet (020221-060514)/NA								ARNG (060515-071001)/HD									USARCG (071002-071218)/NA
k. Highest Grade Achieved:		O-1
l. Military Occupational Specialty:	None
m. GT Score:				NA
n. Education:				College Graduate
o. Overseas Service:			None
p. Combat Service:			None
q. Decorations/Awards:		None
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 US Army Reserve as a Cadet on 21 February 2002, and was released on 14 May 2006.  He was commissioned as a 2LT in the National Guard on 15 May 2006.  The records show he enlisted in the Oregon Army National Guard on 15 May 2006, the period of service is not in the file.  He was 23 years old at the time and was discharged on 1 October 2007 with an honorable characterization of service.  He was transferred to the USAR Control Group on 2 October 2007 and remained there until 18 December 2007.  On 19 December 2007, he was transferred to the Army Reserve to complete his military service obligation date of 14 May 2012.  His record does not shows that he earned any awards for acts of valor or meritorious achievements; and he achieved the rank of 2LT/O-1.  He was serving at Joint Base Lewis- McChord, WA when his separation action was initiated.

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 discharge from the Army Reserve.  

2.  The available evidence in the record indicates that on 7 August 2010, DA, HQS, US Army Reserve Command, Fort McPherson, GA, Orders number 10-219-00001, discharged the applicant from the US Army Reserve, effective 6 September 2010, with a general, under honorable conditions discharge.  

3.  The record contains a properly constituted order which indicates the applicant was discharged under the provisions of AR 135-175, with a characterization of service of general, under honorable conditions.

4.  The applicant’s available service record does not contain any evidence of unauthorized absences or time lost.

EVIDENCE OBTAINED FROM THE APPLICANT'S RECORD:

1.  Discharge Orders 10-219-00001, dated 7 August 2010.

2.  NGB Form 22, dated 1 October 2007.

3.  Oath of Office, National Guard Officer, dated 15 May 2006.

4.  Letter of Appointment, Reserve Commissioned Officer, dated 14 May 2006.

5.  Active duty orders T-01-811335 and T-01-811376 both dated 31 January 2008.

6.  Revocations orders T-01-811335R and T-01-811376R both dated 19 February 2008.

7.  Transfer orders C-12-733089, dated 19 December 2007.

EVIDENCE SUBMITTED BY THE APPLICANT:

The applicant provided DD Form 293, list of supporting documents, self-authored statement (three pages), Orders 90-36, release from cadet command, memorandum, request for the RFD Branching Board, discharge orders 267-086, orders 08-004-00009, transfer from TPU unit, two active duty orders, two revocations of active duty orders, memorandum, request for extension for Officer Basic Course Completion (OBCC), memorandum, request for administrative separation, memorandum, recommendation for transfer to Washington Army National Guard, e-mail traffic (eleven pages), DA Form 368 (Request for Conditional Release), Certificate, Distinguished Military Graduate (ROTC), transcript, Denison University (two pages), DA Form 705 (Army Physical Fitness Test Scorecard), five support/character statements, and discharge orders 10-219-00001.

POST-SERVICE ACTIVITY:

The applicant stated he is self employed.

REGULATORY AUTHORITY:

1.  Army Regulation 135-175 sets forth the basic authority for the separation of officers from the U.S. Army Reserve (USAR), except for officers serving on active duty or active duty training exceeding 90 days.  Chapter 4 provides the basis for involuntary separation of USAR officers.  Specific categories include removal from an active status, failure to complete a basic branch course, removal from the inactive list of the standby reserve, failure to qualify for promotion to first lieutenant, bona fide conscientious objectors, incompatible status, Regular Army warrant officer promotion non-selection after second consideration, removal from the temporary disability retired list and pregnancy or childbirth.

2.  Army policy states that an under other than honorable conditions discharge is normally considered appropriate for a Chapter 4; however, a general under honorable conditions or an honorable discharge may be granted.

DISCUSSION AND RECOMMENDATION:

1.  The applicant’s request for an upgrade of the characterization of his discharge was carefully considered.  

2.  After examining the applicant’s record of service, his military records, the issues and documents submitted with the application, there are several mitigating factors to merit an upgrade of the applicant's discharge to honorable for the following reasons:  

     Overall length and quality of the applicant’s service:  He served in the Oregon National Guard for 1 year, 4 months and 17 days and received an honorable discharge.  The applicant served a total of 8 years, 7 months and 16 days, thus the preponderance of his service was honorable. 

3.  The circumstances surrounding the discharge:

     a.  The record confirms the applicant was branched aviation from ROTC.  He was commissioned on 14 May 2006 and he joined the Oregon Army National Guard and was guaranteed to be assigned to an aviation unit.  He found an opening at the 1042nd Medical Company in Salem, Oregon and received his by name request and line number.  After moving from Ohio to Oregon, the 1042nd Med Co informed him that they had accidentally over-slotted their lieutenants.  He followed their advice to temporarily join the 41st Military Intelligence (MI) Battalion until a flight slot became available in the 1042nd Medical Company.  He stood in as an extra 2LT while he waited for his opportunity to attend aviation BOLC. 

     b.  On 31 January 2008, he received orders to attend Ml BOLC on 9 March 2008 and        25 April 2008.  US Army Human Resources Command realized the applicant was honorably separated from the Ml unit in Oregon, was branched aviation, and was scheduled to attend aviation BOLC with the 5/159th aviation on Fort Lewis, WA and the orders were promptly revoked on 19 February 2008.  When he joined the 5/159th aviation, he was slotted to attend aviation BOLC; however, the unit underwent reorganization becoming B Company 1/214th Aviation GSAB and his flight slot was absolved.  

      c.  During the subsequent 19 months, he was informed that a flight slot would be available soon and to keep waiting; however, no slot for aviation BOLC materialized.  He realized his window for completing his education requirements was closing.  He began interviewing with other aviation units in hopes of completing flight school.  He interviewed with the 5/159th aviation unit on Fort Lewis in August 2007; and they committed to send him to flight school.  He was honorably separated from the Oregon Army National Guard and reassigned to A Company, 5/159th Aviation Regiment, Washington Army Reserve on 4 January 2008.

     d.  He avidly sought multiple avenues to secure a position at aviation BOLC.  He pursued being transferred to a 5/159th sister unit to fly fixed wing aircraft in California; he volunteered to revoke his commission and become a warrant officer.  After 12 months of attempting to go to flight school with the 5/159th aviation, he concluded it was not going to happen.  He attempted to transfer to the Washington Army National Guard, but was unable to do so before his time frame ended to attend BOLC.

     e.  The applicant was waiting to attend aviation BOLC; however, there were no quotas and the unit attempted to transfer him to a fixed wing school, which was disapproved by the 11th Aviation Command.

     f.  He worked hard to go to flight school, and that is the reason he enlisted.  He graduated first in his ROTC class, was Distinguished Military Graduate, maintained a 3.5 grade point average (GPA) while completing a double major, and consistently scored 300+ on his PT test.

4.  This recommendation is made after full consideration of all of the applicant’s faithful and honorable service.  The evidence in this case supports a conclusion that the applicant’s characterization of service is too harsh and as a result, it is inequitable. 

5.  In view of the foregoing, the analyst recommends the Board grant full relief in the form of an upgrade of the characterization of service to honorable.

SUMMARY OF ARMY DISCHARGE REVIEW BOARD HEARING:

Type of Hearing:  Record Review           Date:  1 July 2014          Location:  Washington, DC

Did the Applicant Testify:  NA

Counsel:  No

Witnesses/Observers:  NA

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

Board Action Directed:
Issue a new DD Form 214:		No
Issue a new Discharge Order:	Yes
Change Characterization to:	Honorable
Change Reason to:			No Change
Change Authority for Separation:	NA
Change RE Code to:		NA
Grade Restoration to:		NA
Other:  TO:  ARBA Promulgation Team, Arlington, VA                             Date:  1 July 2014

     The Army Discharge Review Board, under the provisions of Title 10, United States Code, Section 1553, in the case of the applicant named in page 1, directs the ARBA Promulgation Team, Arlington, VA to issue a new discharge order to the applicant which reflects the following directed changes:

	(X).  Change characterization of service to Honorable.








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)		AR20130015684



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ARMY DISCHARGE REVIEW BOARD (ADRB)

CASE REPORT AND DIRECTIVE



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