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
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