IN THE CASE OF:	  

		BOARD DATE:	  29 October 2009

		DOCKET NUMBER:  AR20080017462 


THE BOARD CONSIDERED THE FOLLOWING EVIDENCE:

1.  Application for correction of military records (with supporting documents provided, if any).

2.  Military Personnel Records and advisory opinions (if any).


THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:

1.  The applicant requests, in effect, that the narrative reason for separation on his DD Form 214 (Certificate of Release or Discharge from Active Duty) be changed.

2.  The applicant states he was told by his legal counsel and commander that if he resigned his commission he would get an honorable discharge.  He was never told that he could get a negative reason because he was never charged or punished for any infractions.  He argues that he was simply accused of adultery and he vehemently denied that it took place.  He adds that had he known he would be issued a negative narrative reason and separation code, he would not have resigned.  However, he wanted to continue to serve as a noncommissioned officer (NCO) again.

3.  The applicant provides a self-authored statement, letters of recommendation for Officer Candidate School, an Enlisted Record Brief, Armed Forces Classification Test results, two Marine Corps Certificates of Commendation, a Promotion Points Worksheet, two NCO Evaluation Reports, and three DD Forms 214.

CONSIDERATION OF EVIDENCE:

1.  After having had prior enlisted service in the Marine Corps and in the Regular Army, the applicant was appointed a second lieutenant in the U. S. Army on 
23 February 2006.
2.  On 2 February 2007, the applicant received a General Officer Memorandum of Reprimand (GOMOR) from the Commanding General (CG), Headquarters, U.S. Army Armor Center and Fort Knox, Fort Knox, Kentucky, for engaging in an inappropriate relationship with a woman who was not his wife.  The CG stated that to compound his misconduct, he continued to contact the woman even after his commanding officer ordered him to have no contact.

3.  On 1 May 2007, the U.S. Army Human Resources Command, Alexandria, Virginia, notified the applicant of initiation of elimination proceedings under the provisions of chapter 4, Army Regulation 600-8-24 (Officer Transfers and Discharges), by reason of misconduct, moral or professional dereliction for an act of personal misconduct as substantiated by a GOMOR dated 2 February 2007 and conduct unbecoming an officer.  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. 

4.  On 27 June 2007, the applicant voluntarily tendered his resignation from the service under the provisions of chapter 4, Army Regulation 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 acknowledged he understood that if his resignation was accepted, he could receive an honorable discharge. 

5.  On 19 June 2007, the CG, Headquarters, U.S. Army Armor Center and Fort Knox, recommended that the applicant be eliminated from the service with an honorable discharge. 

6.  The Ad Hoc Review Board met, and on 12 July 2007, the Acting Deputy Assistant Secretary (Army Review Boards) accepted the applicant's resignation in lieu of elimination and directed that he be discharged from the U.S. Army with an honorable characterization of service.

7.  On 15 August 2007, the applicant was honorably discharged under the provisions of Army Regulation 600-8-24, paragraph 4-2b and paragraph 
4-24a(1).  He was assigned a narrative reason for separation of "Unacceptable Conduct" and a separation code of "BNC."

8.  On 20 February 2008, the Army Discharge Review Board denied the applicant's request to change his narrative reason for separation.

9.  The applicant provided a self-authored statement which states, in effect, his understanding was that the reason for separation on his DD Form 214 would read "Resigned Commission" or something to that effect.  He would like the Board members to understand that he had no knowledge he would receive a negative separation code or reason for separation.  He continues that he would have never resigned his commission.  He was never charged or punished under the Uniform Code of Military Justice and had there been evidence to prove his guilt, a trial by court-martial would have been initiated.  He concludes that he resigned not because he was afraid of a negative DD Form 214 but he only wanted to get out of the situation, get home to his family, and continue to support his country in the war on terror.  He would like his reason for separation changed so he can re-enter the Army as an NCO.

10.  The applicant also provided several documents which attest to his successful military service as an enlisted Soldier and Marine.

11.  Army Regulation 600-8-24, dated 12 April 2006, chapter 4, provides the policy and procedures 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.  Paragraph 4-24a(1) states that an officer identified for elimination could, at any time during or prior to the final action in the elimination case, elect to submit a resignation in lieu of elimination.

12.  Army Regulation 635-5-1 (Separation Program Designator (SPD) Codes), dated 15 May 2006, provided that when the authority for separation is Army Regulation 600-8-24, paragraph 4–2b and paragraph  4–24a(1), then the narrative reason for separation would be "Unacceptable Conduct" and the separation code would be "BNC."  

DISCUSSION AND CONCLUSIONS:

1.  The applicant's request for the narrative reason for separation shown on his DD Form 214 to be changed has been carefully reviewed.

2.  The applicant's resignation from the Army under the provisions of chapter 4, Army Regulation 600-8-24, in lieu of further elimination proceedings was voluntary, administratively correct, and in compliance with applicable regulations. He was assigned a narrative reason for separation and a separation code in accordance with the governing regulation.  Had he not resigned his commission, and since he provides no evidence or even a contention that he did not have the inappropriate relationship for which he received the GOMOR, the elimination proceedings most likely would have been processed to completion and he still would have had a “negative reason” for separation listed on his DD Form 214.
3.  There is no evidence to show the applicant was improperly discharged or that the narrative reason for separation was in error or unjust.  Therefore, the narrative reason for separation was properly assigned.

4.  In order to justify correction of a military record, the applicant must show to the satisfaction of the Board, or it must otherwise satisfactorily appear, that the record is in error or unjust.  The applicant has failed to submit evidence that would satisfy this requirement.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

____X___  ___X____  ___X____  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The evidence presented does not demonstrate the existence of a probable error or injustice.  Therefore, the Board determined that the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned.




      _______ _   X_______   ___
               CHAIRPERSON
      
I certify that herein is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in this case.

ABCMR Record of Proceedings (cont)                                         AR20080017462



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ABCMR Record of Proceedings (cont)                                         AR20080017462



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