Applicant Name: ????? Application Receipt Date: 2009/08/05 Prior Review: Prior Review Date: NA I. Applicant Request: Upgrade Reason Change RE Code Change Issues: The applicant states: "When you review my file you will see i should have been chaptered for family care plan. When i joined the army it was after my husband and i was told joint domicial would be know problem. Once i finished ait they gave me orders to Ft. Riley knowing my husband was at Schofield Barreks, Hi. I was told the needs of the army come before joint domicial and if i didnt report on time I would be counted awol and go to jail. I went to my unit as a single parent and with no help and my also active duty spouse over 2000 miles away it was hard to fullilful my obligation. I did my best but with the time the daycare opened and the time i had to report in the morning thats the only thing i had a situation with and they never tried to understand. I should have been discharged for family care plan and thats it, I never want to get out only to have my husband and I put togeather anywhere." 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: 020104 Chapter: 13 AR: 635-200 Reason: Unsatisfactory Performance RE: SPD: JHJ Unit/Location: B Co, 125th FSB, Fort Riley, KS 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: 20 Current ENL Date: 000802 Current ENL Term: 4 Years ????? Current ENL Service: 01 Yrs, 05Mos, 03Days ????? Total Service: 01 Yrs, 05Mos, 03Days ????? Previous Discharges: None Highest Grade: E-2 Performance Ratings Available: Yes No MOS: 92A10/Autom Log Spc GT: 99 EDU: HS Grad Overseas: None Combat: None Decorations/Awards: ASR V. Post-Discharge Activity City, State: Fort Benning, GA Post Service Accomplishments: None listed VI. Facts, Circumstances, and Legal Basis for Separation a. Facts and Circumstances: The applicant’s record is void of the specific facts and circumstances concerning the events that led to her discharge from the Army. 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. The DD Form 214 indicates the applicant was discharged under the provisions of Chapter 13, AR 635-200 by reason of unsatisfactory performance, with a characterization of service of general, under honorable conditions. Furthermore, the DD Form 214 shows a Separation Code of JHJ (i.e., unsatisfactory performance) with a reentry eligibility (RE) code of "3." b. Legal Basis for Separation: Army Regulation 635-200 sets forth the basic authority for the separation of enlisted personnel. Chapter 13 contains the policy and outlines the procedures for separating individuals for unsatisfactory performance, and provides, in pertinent part, that commanders will separate a member under this Chapter when, in the commander's judgment, the member will not develop sufficiently to participate satisfactorily in further training and/or become a satisfactory Soldier. Army policy states that a general, under honorable conditions discharge is normally considered appropriate, however, a fully honorable discharge may be granted in meritorious cases. c. Response to Issues, Recommendation and Rationale: After a careful review of all the applicant’s available military records and the issues submitted with her application, the analyst found no mitigating factors that would merit an upgrade of the applicant’s discharge. 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 Chapter 13, AR 635-200, by reason of unsatisfactory performance, with a characterization of service of general, under honorable conditions. 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 applicant's contentions were carefully considered. 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 her responsibility to meet the burden of proof since the evidence is not available in the official record. Additionally, the applicant contends the reason for her discharge should be changed. However, the narrative reason specified by Army Regulations for a discharge under Chapter 13, AR 635-200, is "Unsatisfactory Performance” and the separation code is "JHJ." 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. Therefore, based on the available evidence, the analyst presumes government regularity in the discharge process and concludes that it appears that the reason for discharge and the characterization of service were both proper and equitable and recommends to the Board to deny relief. VII. Summary of Army Discharge Review Board Hearing Type of Hearing: Date: 26 May 2010 Location: Washington, D.C. Did the Applicant Testify? Yes No Counsel: NA Witnesses/Observers: NA Exhibits Submitted: DD Form 214. VIII. Board Discussion, Determination, and Recommendation After carefully examining the applicant’s record of service during the period of enlistment 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 5 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 AR20090013387 ______________________________________________________________________________ Page 1 of 3 pages