IN THE CASE OF:	

      BOARD DATE:	18 May 2015

      CASE NUMBER:	AR20150003647
___________________________________________________________________________

Board Determination and Directed Action

After carefully examining the applicant's record of service during the period of enlistment under review, hearing his testimony, and considering the Discussion and Recommendation which follows, the Board determined the 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 to change the narrative for his discharge.

2.  The applicant presented no specific issues (supplemental statement referred to is not available).

DISCHARGE UNDER REVIEW INFORMATION:

	a.	Application Receipt Date:	25 February 2015
	b.	Discharge Received:	Honorable
	c.	Date of Discharge:	15 December 2012
	d.	Reason/Authority/SPD/RE Code:	Non-Retention on Active Duty, AR 600-8-24, 
			Paragraph 2-27, LGH, NA
	e.	Unit of assignment:	HHC, 1st Bn, 376th Aviation (S&S), Grand Island, NE
	f.	Current Enlistment Date/Term:	18 December 2011, pursuant to two consecutive 
			AGR Orders and an amendment
	g.	Current Enlistment Service:	11 months, 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:	O3
	l.	Military Occupational Specialty:	15A Aviation, General; 15B, Aviation Combined 
			Arms Operations
	m.	GT Score:	NA
	n.	Education:	Bachelor of Science Degree
	o.	Overseas Service:	Europe
	p.	Combat Service:	Kosovo (110328-111208)
	q.	Decorations/Awards:	AFRFMSM; ARCOM; ARCAM; AFAM; NDSM-2; 
			KCM-BS; GWOTEM; GWOTSM; AFRM-10 YR 
			DEV-BHG; AFRM-M DEV; USAFESR-GF; ASR; OSR; 
			USAFTR; NATO MDL (KOSOVO); USAFOUA-3
	r.	Administrative Separation Board: 	None
	s.	Performance Ratings:	None
	t.	Counseling Statements:	NIF
	u.	Prior Board Review:	Yes

SUMMARY OF SERVICE:

The record shows the applicant enlisted at the age of 17 and has served in the Army National Guard since 16 September 1994.  During the period of current review, he reported for Active Guard Reserve duty on 18 December 2011, pursuant to orders for a period until 15 December 2012.  He was 34 years old at the time and had a bachelor’s of science degree.  He was trained in and awarded military occupational specialty (MOS) 15A Aviation, General and 15B, Aviation Combined Arms Operations.  He served in Kosovo.  He earned an AFRFMSM, an ARCOM, an ARCAM, and an AFAM.  He completed 18 years and 3 months of active duty and reserve service.

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 and 11 June 2012, with an amendment dated, 19 September 2012.

2.  The record also contains DD Form 214, dated 15 December 2012.

3.  There are no negative counseling statements available.

EVIDENCE SUBMITTED BY THE APPLICANT:

The applicant provided an online application and DD Form 214 for service under current review.

POST-SERVICE ACTIVITY: 

The applicant provided none.



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 released from active duty will be assigned an SPD Code of "LGH" and a 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, and the 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 the 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 released from active duty will be assigned an SPD Code of "LGH" and an RE Code of NA.

7.  Although the application did not include any statement of issues, 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.  The record shows the applicant is scheduled for a personal appearance hearing.  It would 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 at the hearing 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:  Personal Appearance      Date:  18 May 2015      Location:  Washington, DC

Did the Applicant Testify?  Yes 

Counsel:  Yes

Witnesses/Observers:  None 

DOCUMENTS/TESTIMONY PRESENTED DURING PERSONAL APPEARANCE:

1.  The applicant submitted the following additional documents:

	a.  OER (20121003-20131002) – 2 pages

	b.  Document from attorney, dated 8 March 2013 – 3 pages

	c.  Commander’s Task List – 4 pages

	d.  Crew Member Task Performance & Evaluation Requirements – 4 pages

e.  Crew Member Task Performance & Evaluation Requirements Remarks & Certification – 4 pages

f.   Continuation Comment Slip – 2 pages

g.  Crew Member Training Record – 19 pages

h.  Memorandum from MG L, dated 18 September 2012 – 1 page

i.   Continuation in the AGR Program, dated 19 July 2012 – 1 page

j.   OER – 2 pages

k.  OER (20101003-20111002) – 2 pages

l.   OER (20091002-20101002) – 2 pages

m.  OER (20081002-10091002) – 2 pages

n.   OER (20071201-200081002) – 2 pages

o.   OER (20070111-20071130) – 2 pages

p.  AER (20111110) – 1 page

q.  AER (20101024) – 1 page

r.  Weight Control History, dated 27 September 2012 – 1 page

s.  APFT History, dated 27 September 2012 – 1 page

2.  The applicant presented no additional contentions.

In addition to the evidence in the record, the Board carefully considered the additional documents, and testimony, presented by the applicant at the personal appearance hearing.

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:		NA
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)		AR20150003647

Page 2 of 7 pages


ARMY DISCHARGE REVIEW BOARD (ADRB)

CASE REPORT AND DIRECTIVE



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