Application Receipt Date: 060525 Prior Review Prior Review Date: None I. Applicant Request Request: Upgrade Reason Change RE Code Change Issues: See DD Form 293 and attached documents. II. Were Proper Discharge and Separation Authority procedures followed? Yes No Tender Offer: ????? See Attachments: Legal Medical Minority Opinion Exhibits III. Original Character of Discharge Unit CDR Recommended Discharge: Date: 040421 Discharge Received: Date: 040618 Chapter: 4 AR: 600-8-24 Reason: Unacceptable Conduct RE: SPD: BNC Unit/Location: Company A 187th Med Bn 32nd Med Bde Fort Sam Houston, TX 78234-5028 Time Lost: None Article 15s (Charges/Dates/Punishment): None Court-Martials (Charges/Dates/Punishment): None Counseling Records Available: Yes No IV. Soldier’s Overall Record DOB: 721218 Current ENL Date: 950816 Current ENL Term: 4 Years ????? Current ENL Service: 08 Yrs, 10 Mos, 03 Days ????? Total Service: 08 Yrs, 10 Mos, 03 Days ????? Previous Discharges: None Highest Grade: 03 Performance Ratings Available: Yes No MOS: 66H5K Med Surgical Nurse GT: NA EDU: Nursing Degree Overseas: None Combat: None Decorations/Awards: ARCOM (2), NDSM (2), GWOTSM, ASR, V. Post-Discharge Activity Home of Record: Current Address: Post Service Accomplishments: The applicant states he is currently employed as a Registered Nurse at two area hospitals and works an average of fifty hours a week in the Intensive Care Unit. He concudes by stating that he and his wife are active volunteers in their church youth program. VI. Facts, Circumstances, and Legal Basis for Separation a. Facts and Circumstances: Evidence of record shows that on 3 March 2004, the applicant was notified of initiation of elimination proceedings under the provisions of Chapter 4, AR 600-8-24, by reason of acts of personal conduct and moral dereliction. On 12 March 2004, the applicant submitted a conditional letter of resignation requesting that he be granted a characterization of service no less favorable than honorable, and if not, requested an appearance before a board of inquiry. On 14 April 2004, the applicant voluntarily tendered his resignation from the service under the provisions of Chapter 4, AR 600-8-24, resignation in lieu of further elimination proceedings. He was advised of his rights and understood that if his resignation was accepted, he could receive any type of discharge as determined by Headquarters DA. The applicant consulted with legal counsel, was advised of the impact of the discharge action, waived consideration of his case by an administrative separation board and submitted a statement in his own behalf. The chain of command recommended approval of the resignation in lieu of elimination proceedings with issuance of a honorable discharge. On 21 April 2004, the separation authority recommended approval of the resignation in lieu of elimination proceedings with issuance of a honorable discharge. The Ad Hoc Review Board recommended that the applicant’s resignation be accepted with issuance of an honorable discharge. On 1 June 2004, the Deputy Assistant Secretary (Army Review Boards) approved the recommendation of the Army Ad Hoc Review Board and directed that the applicant be separated with a characterization of service of 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 careful review of all the applicant's military records for the term of service under review, the analyst recommends that a change to the narrative reason for separation be denied in this case. The evidence of record shows that the separation authority approved the applicant's discharge under the provisions of Chapter 4, paragraph 4-2b, AR 600-8-24, unacceptable conduct with a characterization of service of 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 misconduct. 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. Accordingly, the analyst determined that the narrative reason for discharge remains both proper and equitable. VII. Summary of Army Discharge Review Board Hearing Type of Hearing: Date: 070110 Location: Washington, DC Did the Applicant Testify? Yes No Counsel: NA Witnesses/Observers: NA Exhibits Submitted: NA VIII. Board Decision The discharge was: Proper Improper Equitable Inequitable The characterization of service was: Proper Improper Equitable Inequitable The narrative reasons were: Equitable Inequitable DRB voting record: Change No change (Character) Change No change (Reason) (Board member names available upon request) IX. 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 narrative reason for discharge was both proper and equitable and voted not to change it. Case report reviewed and verified by: Mr. Kenneth McFarley, Examiner X. Board Action Directed No Change Issue a new DD Form 214 Change Characterization to: Change Reason to: None Other: NA RE Code: Grade Restoration: No Yes Grade: None XI. Certification Signature and Date Approval Authority: ROBERT L. HOUSE Colonel, U.S. Army President, Army Discharge Review Board Official: MARY E. SHAW DATE: 070112 Lieutenant Colonel, U.S. Army Chief, Secretary Recorder ARMY DISCHARGE REVIEW BOARD - CASE REPORT AND DIRECTIVE Case Number AR20060007466 Applicant Name: Mr. ______________________________________________________________________ Page 1 of 5 pages