1. Applicant’s Name: a. Application Date: 22 May 2015 b. Date Received: 15 June 2015 c. Counsel: None 2. REQUEST, ISSUES, BOARD TYPE, AND DECISION: The applicant requests a change to the separation code and a narrative reason change. The applicant seeks relief contending, in effect, he voluntarily declined selection consideration in order to transfer to the Ohio National Guard, where he was selected for promotion the next year. The reason for his request is that the separation code is negatively affecting his opportunities to apply as an officer in another branch. In a records review conducted at Arlington, VA on 5 August 2016, and by a 5-0 vote, the Board denied the request upon finding the separation was both proper and equitable. (Board member names available upon request) 3. DISCHARGE DETAILS: a. Reason/Authority/Codes/Characterization: Non-Selection, Permanent / AR 600-8-24 / Chapter 2-41 / JGB / NA / Honorable b. Date of Discharge: 15 December 2010 c. Separation Facts: (1) Date of Notification of Intent to Separate: NIF (2) Basis for Separation: NIF (3) Recommended Characterization: NIF (4) Legal Consultation Date: NIF (5) Administrative Separation Board: NIF (6) Separation Decision Date/Characterization: NIF / Honorable 4. SERVICE DETAILS: a. Date/Period of Appointment: 5 August 2003 / Indefinite b. Age at Appointment/Education/GT Score: 21 / NIF / NA c. Highest Grade Achieved/MOS/Total Service: WO2 / 153D0, UH-60 Pilot / 11 years, \5 months, and 15 days d. Prior Service/Characterizations: ARNG, 1 July 1999 - 20 June 2000 / NA IADT, 21 June 2000 - 19 December 2000 / UNC ARNG, 20 December 2000 - 27 January 2003 /HD RA, 28 January 2003 - 4 August 2003 / HD e. Overseas Service/Combat Service: Hawaii, Korea, SWA / Afghanistan (1 February -2006 - 1 March 2007), Iraq (15 September 2009 -15 July 2010) f. Awards and Decorations: ICM-2CS, AM-3, AAM-2, ARCAM, NDSM, ACM-2CS, GWTSM, KDSM, ASR, OSR-4, NATO Medal, AFRM, CAB g. Performance Ratings: 3 September 2004 - 17 May 2007, Best Qualified 18 May 2007 - 15 November 2007, Fully Qualified 16 November 2007 - 1 October 2010, Best Qualified h. Disciplinary Action(s)/Evidentiary Record: None i. Lost Time: None j. Diagnosed PTSD/TBI/Behavioral Health: None 5. APPLICANT-PROVIDED EVIDENCE: DD Form 293 with all listed enclosures, dated 22 May 2015, and DD Form 214. 6. POST SERVICE ACCOMPLISHMENTS: None submitted with the application. 7. REGULATORY CITATION(S): 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. Chapter 2-41, states Reserve warrant officers serving on AD, who fail a second time to be selected for promotion to permanent Reserve grade of CW3 or CW4 will be discharged on the 120th calendar day after receipt of involuntary release notification. This is unless earlier release is voluntarily requested or transfer to the Retired Reserve is requested and the Soldier is eligible per AR 140–10. Officers and warrant officers with a remaining service obligation will be transferred to the Ready Reserve. 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. 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 "JGB" as the appropriate code to assign an officer Soldier who is released from active duty under the provisions of Army Regulation 600-8-24, Chapter 2, paragraph 2-41, non-selection, permanent promotion. The SPD Code/RE Code Cross Reference Table shows an officer who is discharged will be assigned an SPD Code of JGB and an RE Code of NA. 8. DISCUSSION OF FACT(S): The applicant requests a change to the separation code and a narrative reason change. . The applicant’s available record of service, and the issues and documents submitted with his application were carefully reviewed. However, the service record is void of the specific facts and circumstances concerning the events which led to his discharge from the Army Reserve. Barring evidence to the contrary, it appears all requirements of law and regulation were met and the rights of the applicant were fully protected throughout the separation process. The applicant provided no independent corroborating evidence demonstrating that either the command's action was erroneous or that his service mitigated the type of discharge he received from the U.S. Army Reserve. The applicant his contentions were carefully considered. However, the facts and circumstances leading to the discharge are unknown. The burden of proof remains with the applicant to provide the appropriate documents such as the discharge packet 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 his responsibility to meet the burden of proof since the discharge packet is not available in the official record. The applicant contends that a change in the narrative reason will allow him to apply as an officer in another branch. However, the Board does not grant relief for the purpose of enhancing employment opportunities. Based on the available record, the discharge was consistent with the procedural and substantive requirements of the regulation, was within the discretion of the separation authority, and the applicant was provided full administrative due process. 9. BOARD DETERMINATION: In a records review conducted at Arlington, VA on 5 August 2016, and by a 5-0 vote, the Board denied the request upon finding the separation was both proper and equitable. 10. BOARD ACTION DIRECTED: a. Issue a New DD-214: No b. Change Characterization to: No Change c. Change Reason to: No Change d. Change SPD/RE Code to: No Change e. Restore (Restoration of) Grade to: NA AUTHENTICATING OFFICIAL: COL, US ARMY Presiding Officer Army Discharge Review Board Legend: 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 BH – Behavioral Health HD - Honorable Discharge OAD - Ordered to Active Duty SPD - Separation Program Designator CG - Company Grade Article 15 IADT - Initial Active Duty Training OMPF - Official Military Personnel File TBI – Traumatic Brain Injury CID - Criminal Investigation Division MP – Military Police – PTSD – Post-Traumatic Stress Disorder UNC - Uncharacterized Discharge ELS – Entry Level Status MST – Military Sexual Trauma RE - Reentry UOTHC - Under Other Than Honorable Conditions FG - Field Grade Article 15 ARMY DISCHARGE REVIEW BOARD CASE REPORT AND DIRECTIVE AR20150010405 4