Applicant Name: ????? Application Receipt Date: 2011/03/14 Prior Review: Prior Review Date: NA I. Applicant Request: Upgrade Reason Change RE Code Change Issues: The applicant states, “My admitted misconduct was mitigated by my state of mind immediately after the attacks of 9/11. Under my unique circumstances, it is unjust that I am unable to continue to serve.” 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: 020904 Discharge Received: Date: 031124 Chapter: 2-12 AR: AR 135-175 Reason: NA RE: SPD: NA Unit/Location: CSMMC DIV SPT COMM, Fort Stewart, 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: 46 Current ENL Date: 010119 Current ENL Term: INDEF Years ????? Current ENL Service: 2 Yrs, 9 Mos, 5 Days ????? Total Service: 15 Yrs, 8 Mos, 21 Days ????? Previous Discharges: USAR 880303-930304/HD USAR 930305-950714/HD USAR 950715-990714/HD USAR 990715-010118/HD Highest Grade: 0-4 Performance Ratings Available: Yes No MOS: 62B9D Field Surgeon GT: NIF EDU: College Grad Overseas: None Combat: None Decorations/Awards: None V. Post-Discharge Activity City, State: Birmingham, AL Post Service Accomplishments: None VI. Facts, Circumstances, and Legal Basis for Separation a. Facts and Circumstances: The evidence of record shows that on 4 September 2002, the applicant was notified of initiation of elimination proceedings under the provisions of Chapter 2, paragraphs 2-12f, 2-12j and 12o, AR 135-175, dated 28 February 1987 by reason of acts of personal misconduct, conduct unbecoming an officer, and civil conviction. The applicant was directed to show cause for retention in the Army. Specific reasons for elimination were as follows: attempting to carry a .22 caliber pistol, a switchblade, and a sword in a walking cane onto a commercial aircraft and pleaded guilty to a federal felony charge based on this event. He was advised that he could submit a voluntary resignation in lieu of elimination or submit a rebuttal and request an appearance before a Board of Inquiry. The applicant consulted with legal counsel. The Board found that the applicant committed an act of personal misconduct, conduct unbecoming an officer and received a felony conviction by a civil court. The Board recommended separation with a general, under honorable conditions discharge. The Board recommended the applicant’s elimination be accepted with issuance of a general, under honorable conditions discharge. On 23 October 2003, the separation authority approved the Board's recommendation and directed the applicant’s discharge with a characterization of service of general, under honorable conditions. b. Legal Basis for Separation: Army Regulation 135-175 sets forth the basic authority for the separation of officers from the U.S. Army Reserve (USAR), except for officers serving on active duty or active duty training exceeding 90 days. Chapters 2 and 3 of this regulation provide the basis for involuntary separations of USAR officers. Specific categories include substandard performance of duty, moral or professional dereliction, in the interest of national security, as a result of trial by court martial, a pattern of misconduct, and commission of a serious offense, to include abuse of illegal drugs, homosexual conduct, convictions by civil authorities and desertion or absence without proper authority from unit training. Army policy states that an under other than honorable conditions discharge is normally considered appropriate; however, a general under honorable conditions or an honorable discharge may be granted. c. Response to Issues, Recommendation and Rationale: After a careful review of all the applicant’s military records, the issue, and documents he submitted, the analyst determined that the evidence was not sufficiently mitigating to warrant an upgrade of the discharge under review. The applicant’s discharge was appropriate because the quality of his service was not consistent with the Army's standards for acceptable personal conduct and performance of duty by Army Officers. By his misconduct, the applicant diminished the quality of his service below that meriting a fully honorable or general, under honorable conditions discharge. The applicant provided no corroborating evidence demonstrating that either the command's action was erroneous or that the applicant’s service mitigated the misconduct or poor duty performance. If reenlistment is desired, the applicant should contact the local recruiter to determine eligibility to reenlist. Those individuals can best advise a former service member as to the needs of the Army at the time, and are required to process waivers if appropriate. The record does not support the applicant’s contention, and no evidence to support it has been submitted by the applicant, that the discharge was the result of any medical condition. Further, the applicant requests to be reinstated to active duty. However, the correction the applicant requests does not fall within the purview of this Board. The applicant may apply to the Army Board for Correction of Military Records (ABCMR), utilizing the enclosed DD Form 149 regarding this matter. A DD Form 149 may also be obtained from a Veterans' Service Organization. Therefore, the reason for discharge and the characterization of service remain both proper and equitable. VII. Summary of Army Discharge Review Board Hearing Type of Hearing: Date: 5 October 2011 Location: Washington, D. C. Did the Applicant Testify? Yes No Counsel: None Witnesses/Observers: None Exhibits Submitted: DD Form 293 with a self-authored statement, character reference letters, copies of documents contained in his OMPF, letters, court documents and a 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: No Change 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 AR20110004890 ______________________________________________________________________________ Page 1 of 3 pages