Applicant Name: ????? Application Receipt Date: 2009/03/24 Prior Review: Prior Review Date: NA I. Applicant Request: Upgrade Reason Change RE Code Change Issues: See DD Form 149 and attached documents submitted by the applicant in lieu of DD Form 293. 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: 080828 Discharge Received: Date: 081117 Chapter: 4-2a AR: 600-8-24 Reason: Substandard Performance RE: SPD: JHK Unit/Location: 404th AV Spt Bn, CAB (Rear) (Provisional), Fort Hood, TX 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: 29 Current ENL Date: 051208 Current ENL Term: ?? Years ????? Current ENL Service: 02 Yrs, 11Mos, 10Days ????? Total Service: 14 Yrs, 01Mos, 07Days ????? Previous Discharges: RA-941011-051207/HD Highest Grade: 02 Performance Ratings Available: Yes No MOS: 67B Laboratory Sciences GT: NA EDU: BS (Nursing) Overseas: Southwest Asia Combat: Iraq (060511-061114) Decorations/Awards: ARCOM, AAM, AGCM-3, NDSM, ICM-W/CS, GWOTSM, HSM, OSR , MUC V. Post-Discharge Activity City, State: Odenton, MD Post Service Accomplishments: None Listed VI. Facts, Circumstances, and Legal Basis for Separation a. Facts and Circumstances: The evidence of record shows that on 16 June 2008, the applicant was notified of initiation of elimination proceedings under the provisions of Chapter 4, Paragraph 4-2a, AR 600-8-24, by reason of substandard performance. The applicant was directed to show cause for retention on active duty by reason of failure to provide an adequate family care plan as required by paragraph 5-5, AR 600-20, and failure to provide a family care plan prevents her from deploying with the unit. She was advised that she could submit a voluntary resignation in lieu of further elimination, request discharge in lieu of elimination, apply for retirement if otherwise eligible, or submit a written rebuttal statement. On 28 July 2008, the applicant requested discharge in lieu of further elimination proceedings under the provisions of Chapter 4, AR 600-8-24. The applicant elected to waive her right to appear before a board of officers (Board of Inquiry). On 28 August 2008, the Commander, Headquarters, III Corps and Fort Hood, Fort Hood, TX, recommended that the applicant be eliminated from the service under the provisions of Chapter 4, AR 600-8-24, with issuance of a fully honorable discharge. On 8 October 2008, the Deputy Assistant Secretary (Army Review Boards) approved the recommendation of the Army Ad Hoc Review Board, and directed that the applicant be 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 the basic authority for Officer Transfers and Discharges. Chapter 4 outlines the policy and procedure for the elimination 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 for the term of service under review, the issues and documents that she submitted, the analyst found no mitigating factors that would merit a change to the applicant's narrative reason for discharge. The evidence of record shows that the separation authority approved the applicant's discharge under the provisions of Chapter 4, Paragraph 4-2a, AR 600-8-24, by reason of substandard performance, with a characterization of service of fully honorable. The applicant provided no independent corroborating evidence demonstrating that either the command's action was erroneous or that the applicant’s service mitigated the substandard performance. Furthermore, the analyst noted the applicant's issue; however, the narrative reason for separation is governed by specific directives. The applicant was discharged under the provisions of Chapter 4, paragraph 4-2a, 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 "JHK." 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. Further, the analyst determined that the applicant had many legitimate avenues through which to obtain assistance or relief, without committing the substandard performance, which led to the separation action under review. In view of the foregoing, the analyst determined that the narrative reason for discharge and 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: 22 December 2009 Location: Washington, DC Did the Applicant Testify? Yes No Counsel: NA Witnesses/Observers: NA Exhibits Submitted: NA 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 narrative reason for discharge and the separation (SPD) code were both proper and equitable and voted to deny relief. IX. Board Decision XI. Certification Signature Board Vote: Approval Authority: Character - Change 0 No change 0 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: No Change Other: NA RE Code: Grade Restoration: No Yes Grade: None ARMY DISCHARGE REVIEW BOARD - CASE REPORT AND DIRECTIVE Case Number AR20090005366 ______________________________________________________________________________ Page 1 of 3 pages