Application Receipt Date: 070116	

Prior Review    Prior Review Date: None

I.  Applicant Request
Request:  Upgrade     Reason Change     RE Code Change    

Issues: See applicant's attached DD Form 149 which was submitted in lieu of a DD Form 293 by the applicant.

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: 050630
Discharge Received:     Date: 061130   
Chapter: 4-2B and 4-24A (1)    AR: 600-8-24
Reason: Unacceptable Conduct
RE:     SPD: BNC
Unit/Location: Company C, 158th Aviation Regiment, 3d Battalion, APO AE 09182 

Time Lost: None

Article 15s (Charges/Dates/Punishment): 041013/Wrongful sexual intercourse with a married woman not his wife and making a false official statement to a CPT/(General Officer)

Court-Martials (Charges/Dates/Punishment): None

Counseling Records Available: Yes    No 

IV.  Soldier’s Overall Record
DOB:    
Current ENL Date: 020611    Current ENL Term: 06 Years  ?????
Current ENL Service: 04 Yrs, 05Mos, 20Days ?????
Total Service:  13 Yrs, 06Mos, 00Days ?????
Previous Discharges: RA-930601-961203/HD
                                      RA-961204-000227/HD
                                      RA-000228-020610/HD
Highest Grade: CW2
Performance Ratings Available: Yes    No 
MOS: 153D0 (UH-60 Pilot)   GT: NA   EDU: NIF   Overseas: Southwest Asia   Combat: Afghanistan (050311-060228)
Decorations/Awards: Air Medal (2d Award), ARCOM (3d Award), AAM (7th Award), AGCM (3d Award), NDSM (2d Award), ACM, GWOTSM, NCOPDR, ASR, OSR (2d Award), Parachutist Badge
V.  Post-Discharge Activity
Home of Record: 
Current Address: 
Post Service Accomplishments: None Listed

VI.  Facts, Circumstances, and Legal Basis for Separation

      a.  Facts and Circumstances:
      Evidence of record shows that on 30 June 2005, the Commander, United States Army Europe and Seventh Army, APO AE 09014, notified the applicant of initiation of elimination proceedings under the provisions of Chapter 4, AR 600-8-24, by reason of misconduct, moral or professional dereliction (acts of personal misconduct as substantiated by an Article 15 dated 13 October 2004 and a General Officer Memorandum of Reprimand).  The applicant was directed to show cause for his retention on active duty because of misconduct.  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 May 2006, 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.  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 did not submit a statement in his own behalf.  He understood that if his resignation was accepted, he could receive an honorable discharge.  On 11 September 2006, the Commander, Headquarters, 1st Armored Division, Unit 24309, APO AE 09096, recommended that the applicant be eliminated from the service with a honorable discharge.  The Ad Hoc Review Board met, and on 6 November 2006, the Acting Deputy Assistant Secretary (Army Review Boards) approved the recommendation of the Army Ad Hoc Review Board, and directed that he be discharged from the U.S. Army 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 eliminating an officer from the 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, and the issue he submitted, the analyst determined that the narrative reason for separation is governed by specific directives.  The applicant was discharged under the provisions of paragraph 4-2b, AR 600-8-24.  The narrative reason specified by Army Regulations for a discharge under this paragraph is "unacceptable conduct", and the separation code is "BNC."  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.  There is no provision for any other reason to be entered under this regulation.  In view of the foregoing, the narrative reason for discharge is proper and equitable and it is recommended that the Board vote to deny relief in this case.

VII.  Summary of Army Discharge Review Board Hearing 

Type of Hearing: 			Date: 19 September 2007              
Location: Washington, DC

Did the Applicant Testify?  Yes     No  

Counsel: Yes [redacted]

Witnesses/Observers: None 

Exhibits Submitted: The applicant submitted one additional document in support of his personal appearance hearing.

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 NA    No change NA   - Character
		 			      Change 5    No change 0   - Reason
					      (Board member names available upon request)

IX.  Board Discussion, Determination, and Recommendation
After carefully examining the applicant’s record of service during the term of service under review, hearing his testimony, and considering the analyst’s recommendation and rationale, the Board determined that the narrative reason for discharge is now inequitable based on the overall length and quality of the applicant's service, to include his combat service, the circumstances surrounding the discharge, and his post service accomplishments.  Accordingly, the Board voted to change the narrative reason for separation to miscellaneous/general reasons with a corresponding separation code (SPD) of "FND."  

Case report reviewed and verified by: , Examiner									        
X.  Board Action Directed
No Change 
Issue a new DD Form 214  
Change Characterization to:    
Change Reason to: Miscellaneous/General Reasons with a corresponding separation code (SPD) of "FND."
Other: NA
RE Code:  
Grade Restoration:   No   Yes  Grade: NA

XI.  Certification Signature and Date
Approval Authority: 

MARK E. COLLINS
Colonel, U.S. Army
President, Army Discharge Review Board

Official: 

CHRISTINE U. MARTINSON			DATE: 26 September 2007
Lieutenant Colonel, U.S. Army
Chief, Secretary Recorder
ARMY DISCHARGE REVIEW BOARD - CASE REPORT AND DIRECTIVE