Applicant Name: ????? Application Receipt Date: 2011/11/10 Prior Review: Prior Review Date: NA I. Applicant Request: Upgrade Reason Change RE Code Change Issues: The applicant states, in efect, that he requests a change to the narrative reason for separation and the separation (SPD) code. He contends neither of these accurately reflect his time served or his reason for separation. He further contends he was a successful and awarded Soldier with no poor academic or PT scores. He also desires to join the national guard. 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: 090319 Discharge Received: Date: 090520 Chapter: 4-2a & 4-24a(1) AR: 600-8-24 Reason: Substandard Performance RE: SPD: BHK Unit/Location: A Co, 2-11th IN Regt, Fort Benning, GA 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: 28 Current ENL Date: 081002 Current ENL Term: NIF Years the applicant was discharged from the Regular Army 1 October 2008 and appointed as an officer the following day. Current ENL Service: 00 Yrs, 07 Mos, 19 Days ????? Total Service: 01 Yrs, 00 Mos, 22 Days ????? Previous Discharges: RA-080429-081001/HD Highest Grade: O-1 Performance Ratings Available: Yes No MOS: None GT: NA EDU: College Grad Overseas: None Combat: None Decorations/Awards: NDSM V. Post-Discharge Activity City, State: Post Service Accomplishments: None Listed VI. Facts, Circumstances, and Legal Basis for Separation a. Facts and Circumstances: The evidence of record shows that on 19 March 2009, the applicant was notified of initiation of elimination proceedings under the provisions of Chapter 4, paragraphs 4-2a and 4-3, AR 600-8-24, by reason of substandard performance. The applicant was directed to show cause for retention on active duty for being diagnosed with an adjustment disorder with depressed mood and anxiety, the symptoms were not of such severity to require a medical board; however these conditions seriously impaired his ability to function in the Army currently and the future (090305). He was advised that he could submit his resignation in lieu of elimination, request discharge in lieu of elimination, or submit a written rebuttal statement. On 6 April 2009, the applicant voluntarily tendered his resignation under the provisions of Chapter 4, AR 600-8-24, in lieu of further elimination proceedings, contingent upon him receiving a characterization of service no less favorable than honorable. The applicant was a probationary officer and therefore not entitled to appear before a board of officers (Board of Inquiry). On 16 April 2009, the Commander, Headquarters, U.S. Army Infantry Center and Fort Benning, Fort Benning, GA, recommended approval of the applicant's resignation in lieu of elimination under the provisions of Chapter 4, paragraph 4-2a, AR 600-8-24, with a fully honorable discharge. On 30 April 2009, the Deputy Assistant Secretary (Army Review Boards) approved the recommendation of the Commanding General, Headquarters, U.S. Army Infantry Center and Fort Benning, accepted the applicant's resignation and directed his discharged from the U.S. Army with a characterization of service of fully honorable. b. Legal Basis for Separation: Army Regulation 600-8-24 sets for the basic authority for Officer Transfers and discharges. Chapter 4 outlines the policy and procedure for the eliminating of officers from the active Army for substandard performance of duty, misconduct, moral or professional dereliction, and the interest of national security. c. Response to Issues, Recommendation and Rationale: After a careful review of all the applicant's military records during the term of service under review, the issues and documents submitted with the application, the analyst determined that the evidence was not sufficiently mitigating to warrant a change to the narrative reason for separation and the separation (SPD) code. The applicant requested a change to the narrative reason for separation and the separation (SPD) code. The narrative reason for separation is governed by specific directives. The applicant was discharged under the provisions of Chapter 4, paragraphs 4-2a & 4-24a(1), AR 600-8-24. The narrative reason specified by Army Regulations for a discharge under this paragraph is "Substandard Performance" and the separation code is "BHK." 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, separation code, entered in block 26, and RE Code, entered in block 27 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. The applicant contends neither of these accurately reflect his time served or his reason for separation. There is a presumption of regularity in the conduct of governmental affairs that shall be applied in any review unless there is substantial credible evidence to rebut the presumption. The applicant bears the burden of overcoming this presumption through the presentation of substantial and credible evidence to support his contention. There is no evidence in the record, nor has the applicant produced any evidence, to support the contention that his narrative reason for separation was unjust. The applicant further contends he was a successful and awarded Soldier with no poor academic or PT scores. The analyst acknowledges the applicant’s in-service accomplishments and considered the quality of his service during the initial portion of the term of service under review. However, this service was determined not to be sufficiently mitigating to warrant a change to the narrative reason for separation and the separation (SPD) code. The applicant desires to join the National Guard. If the applicant desires to reenlist, he should contact the local recruiter to determine his eligibility to reenlist. Those individuals can best advise a former service member as to the needs of the Army at the time. Therefore, the analyst determined that the narrative reason for separation to include the separation (SPD) code 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: 23 May 2012 Location: Washington, DC Did the Applicant Testify? Yes No Counsel: NA Witnesses/Observers: NA Exhibits Submitted: DD Form 149, dated (111020); Self-Authored Statement, (111007); DD Form 214, dated (090520); Record Fire Scorecard, dated (080528); D Co, BOLC II Peer Evaluations, five (5) pages; Diploma, Officer Candidate School, dated (081002); Certificate of Training, dated (090523); and two (2) Certificates of Achievement. VIII. Board Discussion, Determination, and Recommendation After carefully examining the applicant’s record of service during the term of service 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 Board Vote: Character - Change 0 No change 0 Reason - Change 0 No change 5 (Board member names available upon request) X. Board Action Directed Issue a new DD Form 214 Change Characterization to: Change Reason to: No Change Other: NA RE Code: Grade Restoration: No Yes Grade: None XI. Certification Signature Approval Authority: EDGAR J. YANGER Colonel, U.S. Army President, Army Discharge Review Board BONITA E. TROTMAN Lieutenant Colonel, U. S. Army Secretary Recorder ????? 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 AR20110022576 ______________________________________________________________________________ Page 3 of 3 pages