Applicant Name:  ?????

Application Receipt Date: 2011/03/29	Prior Review:     Prior Review Date: NA     

I.  Applicant Request:  Upgrade     Reason Change     RE Code Change    

Issues: The applicant states, in effect, that he requests an upgrade of his discharge to fully honorable and a change to the narrative reason for separation. 

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: 090903
Discharge Received: 			   Date: 091022   Chapter: 4-2b      AR: 600-8-24
Reason: Unacceptable Conduct	   RE:     SPD: JNC   Unit/Location: B Co, 203rd Bde Spt Bn, Fort Benning, 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:  30
Current ENL Date: 050624/OAD    Current ENL Term: 03 Years  3 year additional obligation (080701)
Current ENL Service: 	04  Yrs, 03 Mos, 29 Days ?????
Total Service:  		11  Yrs, 01 Mos, 08 Days ?????
Previous Discharges: 	RA-990913-030817/NA
                                       USAR (Cadet)-030818-050513/NA
                                       USAR-050514-050623/NA
                                           (Concurrent Service)
Highest Grade: O-3		Performance Ratings Available: Yes    No 
MOS: 91A Maintenance/Munition Materiel   GT: NA   EDU: BA (Criminal Justice)   Overseas: Southwest Asia   Combat: Iraq (070311-080520)
Decorations/Awards: BS, ARCOM, NDSM, ICM-W/CS, GWOTSM, ASR, OSR, CAB

V.  Post-Discharge Activity
City, State:  Fort Mitchell, AL 
Post Service Accomplishments: None Listed 

VI.  Facts, Circumstances, and Legal Basis for Separation

       a.  Facts and Circumstances:
       The evidence of record shows that on 19 June 2009, the applicant was notified of initiation of elimination proceedings under the provisions of Chapter 4, paragraph 4-2b, AR 600-8-24, by reason of misconduct, moral or professional dereliction.  The applicant was directed to show cause for retention on active duty by reason of misconduct for being arrested for reckless conduct for leaving his child unattended (060724); being arrested for criminal trespasssing, stalking, and reckless conduct (061013); being arrested for reckless conduct (070414); receiving a General Officer Memorandum of Reprimand (GOMOR), for driving under the influence (071007); and assaulting his wife (090529).  
       
       He was advised that he could written statement, submit a written rebuttal statement, submit his resignation in lieu of further elimination, request discharge in lieu of elimination.
         
       On 2 September 2009, the applicant submitted a rebuttal statement under the provisions of Chapter 4,  AR 600-8-24, in lieu of further elimination proceedings.  The applicant was a probationary officer and therefore not entitled appear before a board of officers (Board of Inquiry).  On 3 September 2009, the Commander, Headquarters, U.S. Army Infantry Center and Fort Benning, Fort Benning, GA, recommended approval of the applicant's separation under the provisions of Chapter 4, paragraph 4-2b, AR 600-8-24, with a general, under honorable conditions discharge. 
       
        On 22 September 2009, the Deputy Assistant Secretary (Army Review Boards) approved the recommendation of the Army Ad Hoc Review Board, and directed that the applicant be discharged from the U.S. Army with a characterization of service of general, under honorable conditions.
       
       The applicant's record contains two (2) General Officer Memoranda of Reprimand, dated 5 November 2007, for  driving under the influence and refusing to submit to an appropriate test, Adminstrative; and 19 June 2009, for driving under the influence of alcohol and assaulting his wife, Administrative.
       
       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 a careful review of all the applicant's military records for the term of service under review and the issues  submitted with the application, the analyst determined that the evidence was not sufficiently mitigating to warrant an upgrade of the discharge under review.  
       
       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, by reason of unacceptable conduct, with a characterization of service of general, under honorable conditions.  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 or poor duty performance.  By his misconduct, the applicant diminished the quality of his service below that meriting a fully honorable discharge. 
       
       The applicant requested a change to the narrative reason for separation.  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 "JNC."  
       
       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.  
       
       The applicant stated in the issues block 6, on the DD Form 172 equity and propriety: however, he did not  submitt any actual issues of equity or propriety to be considered by the Board.
       
       Therefore, the analyst determined that the reason for discharge and the characterization of service were both proper and equitable and recommends to the Board to deny relief.
       
       
       
       
       
       

VII.  Summary of Army Discharge Review Board Hearing

Type of Hearing: 		Date: 25 July 2011         Location: Washington, DC

Did the Applicant Testify?  Yes     No  

Counsel:  [ redacted ]

Witnesses/Observers: No 

Exhibits Submitted: DD Form 293, dated (110118).  The applicant submitted the additional documents; medical records and employee record consisting of seven (7) pages in support of his personal appearance hearing.

VIII.  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 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: None















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 AR20110006066
______________________________________________________________________________

Page 1 of 3 pages