Applicant Name: ????? Application Receipt Date: 2012/03/09 Prior Review: Prior Review Date: NA I. Applicant Request: Upgrade Reason Change RE Code Change Issues: The applicant states, in effect, that he has taken advantage of his time while serving over five years in prison by taking counseling services, education courses and he has read many books that has helped him to identify and reconcile his lack of understanding of his impact on the victims, community and family. He has used the opportunity to change his thinking and identify his errors in the choices he has made. It is his hope to be a respected and trusted member of the community and move forward and continue his reintegration into his community for the benefit of those around him. During his service to the country for eight years, he regret the one incident that led to his discharge after leaving the Navy while just after entering the Army. 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: NIF Discharge Received: Date: 071126 Chapter: 4-2b AR: 600-8-24 Reason: Unacceptable Conduct RE: SPD: JNC Unit/Location: HQ&HQ Battery, 3rd Battalion, 6th Air Defense Artillery Brigade, fort Bliss, TX Time Lost: Civil confinement, (061012-071126), 410 days. 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: 051207 Current ENL Term: 8 Years ????? Current ENL Service: 0 Yrs, 10 Mos, 5 Days ????? Total Service: 9 Yrs, 0 Mos, 5 Days ????? Previous Discharges: USN 971007-051006/HD USAR 051007-051206/NA Highest Grade: WO1 Performance Ratings Available: Yes No MOS: 003A0 Student GT: NIF EDU: HS Grad Overseas: None Combat: None Decorations/Awards: NAMDL, NGCMDL (2), NDSM, GWOTSM, ASR, NSSDR V. Post-Discharge Activity City, State: ????? Post Service Accomplishments: The applicant submitted ten certificates of completion of college courses, residential treatment, landscape management classes, leadership principle course and certificates of achievement with various dates. VI. Facts, Circumstances, and Legal Basis for Separation a. Facts and Circumstances: The evidence of record shows that on 11 December 2006, the applicant was notified of initiation of elimination proceedings under the provisions of Chapter 4, paragraph 4-2b(4), (5), (8), AR 600-8-24, by reason of misconduct, moral or professional dereliction. The applicant was directed to show cause for retention in the Army because he paid for, downloaded, viewed and saved over ten thousand pornographic images of sexually exploited children. 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. On 4 September 2007, the applicant having been informed that he was being considered for elimination, requested discharge from the Army under the provisions of AR 600-8-24, Chapter 4, in lieu of further elimination proceedings and waived his right to appear before a board of officers. The applicant submitted a statement in his own behalf. On 26 September 2007, the trial counsel (CPT, JA) indicated in his memorandum that the applicant's chain of command recommended elimination with an under other than honorable conditions discharge. On 28 September 2007, the Major General, USA Commanding, Fort Bliss, Texas; as the officer exercising general court-martial jurisdiction reviewed the statement and waiver submitted by the applicant and recommended approval of the elimination of the applicant from the Army with a characterization of service as under other than honorable conditions. The Ad Hoc Review Board recommended the applicant’s elimination be accepted with issuance of an under other than honorable conditions discharge. On 31 October 2007, the Deputy Assistant Secretary (Army Review Boards) approved the recommendation of the Army Ad Hoc Review Board and directed the applicant’s discharge with a characterization of service of under other than honorable conditions. The record contains a CID Report of investigation dated 7 September 2006, in reference to the applicant's offense of possession of child pornography. b. Legal Basis for Separation: Army Regulation 600-8-24 sets forth 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 in the interest of national security. 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. The analyst noted the applicant's issue that he has taken advantage of his time while serving over five years in prison by taking counseling services, education courses and he has read many books that has helped him to identify and reconcile his lack of understanding of his impact on the victims, community and family. The analyst acknowledges the applicant's successful transition to civilian life and noted the many accomplishments outlined in his application and in the documents with his application. The applicant is to be commended for his efforts. However, there was a full consideration of all faithful and honorable service as well as the infractions of discipline, the extent thereof, and the seriousness of the offenses. The analyst concluded that the discrediting entries in the applicant's record were not outweighed by prior or subsequent service of sufficient merit to warrant an upgrade of the discharge being reviewed and these accomplishments do not provide the Board a basis upon which to grant relief. Therefore, the analyst recommends to the Board that 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: 22 August 2012 Location: Washington, DC Did the Applicant Testify? Yes No Counsel: None Witnesses/Observers: NA Exhibits Submitted: DD Form 293 dated 6 March 2012; ten certificates of completion of college courses, residential treatment, landscape management classes, leadership principle courses and certificates of achievement with various dates. 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 Board Vote: Character - Change 0 No change 5 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: No Change RE Code: Grade Restoration: No Yes Grade: No Change XI. Certification Signature Approval Authority: ARCHIE L. DAVIS III 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 AR20120005176 ______________________________________________________________________________ Page 3 of 3 pages