Applicant Name:  XXXXXXXXXX

Application Receipt Date: 2011/06/09	Prior Review:     Prior Review Date: NA     

I.  Applicant Request:  Upgrade     Reason Change     RE Code Change    

Issues: The applicant states: "I was discharged from the US Army for Unacceptable Conduct secondary to my romantic involvement with a Non-Commissioned Officer.  The four months during which I was involved with this Non-Commissioned Officer are not indicitive of my service to my country.  My commanding general, MG T[redacted] C[redacted] recognized this, and recommended me for an Honorable Discharge from the Army.  His request was overturned at HRC, and I was discharged with a General under Honorable Conditions.  I do not feel this is an accurate representation of my service, and I appeal to the Board to review my discharge.  I respectfully request that my discharge be changed to an Honorable without caveat."

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: 080806
Discharge Received: 			   Date: 081201   Chapter: 4-2b       AR: 600-8-24
Reason: Unacceptable Conduct	   RE:     SPD: JNC   Unit/Location: A Co, 703d CS Bn, Fort Stewart, GA 

Time Lost: None

Article 15s (Charges/Dates/Punishment): (080508), Failure to obey a lawful general regulation between (080318 and 080421) by wrongfully engaging in an inappropriate romantic relationship with a Staff Sergeant; sending sexually explicit emails to a Staff Sergeant between (080404 and 080421); and disobeying a lawful command from a commissioned officer between (080404 and 080421), forfeiture of $1000.00, (GO).

Courts-Martial (Charges/Dates/Punishment): None

Counseling Records Available: Yes    No 

IV.  Soldier’s Overall Record
Age at current enlistment:  22
Current ENL Date: 060527    Current ENL Term: NIF Years  ?????
Current ENL Service: 	02 Yrs, 06 Mos, 05 Days ?????
Total Service:  		02 Yrs, 06 Mos, 05 Days ?????
Previous Discharges: 	None
Highest Grade: O2		Performance Ratings Available: Yes    No 
MOS: 67A/Health Services   GT: NA   EDU: NIF   Overseas: Southwest Asia   Combat: Iraq (071027-080701)
Decorations/Awards: NDSM, ICM-w/CS, ASR

V.  Post-Discharge Activity
City, State:  Savannah, GA
Post Service Accomplishments: None Listed






VI.  Facts, Circumstances, and Legal Basis for Separation

       a.  Facts and Circumstances:
       The evidence of record shows that on 6 August 2008, the applicant was notified of initiation of elimination proceedings under the provisions of Chapter 4, paragraph 4-2b(5) and 4-2b(8), AR 600-8-24, by reason of misconduct, moral or professional dereliction because of acts of personal misconduct.  
       
       The applicant was directed to show cause for retention in the Army after failing to obey a lawful general regulation between (080318 and 080421) by wrongfully engaging in a romantic relationship with a Staff Sergeant; sending sexually explicit emails to a Staff Sergeant between (080318 and 080421); violating a no contact order issued by a commissioned officer between (080318 and 080421); received a General Officer Article 15 (080515) for the three incidents; and failure to report back to her duty station upon returning from Environmental Moral Leave (EML) (080621).  She was advised that she could submit a voluntary resignation in lieu of elimination or submit a rebuttal and request an appearance before a Board of Inquiry.  
       
       On 10 September 2008, the applicant submitted a rebuttal.  The General Court Martial Convning Authority (GCMCA) recommended that the applicant’s administrative elimination be approved with the issuance of an honorable discharge.
       
       The Ad Hoc Review Board recommended the applicant’s elimination be accepted with issuance of a general, under honorable conditions discharge.  
       
       On 6 November 2008, the Deputy Assistant Secretary (Army Review Boards) directed the applicant’s discharge with a characterization of service of general, under honorable conditions.   

       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 during the term of service under review, the issue  and document submitted with the application, 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 her service was not consistent with the Army's standards for acceptable personal conduct and performance of duty by Army Officers.  By her misconduct, the applicant diminished the quality of her service below that meriting a fully honorable 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 applicant contends that during the four months she was involved with the noncommissioned officer are not indicative of her service to her country.  However, Army regulations state that there are circumstances in which the conduct or performance of duty reflected by an incident provides the basis for a characterization.  The analyst having examined all the circumstances determined that the applicant's incident of misconduct did indeed adversely affect the quality of her service, brought discredit on the Army, and was prejudicial to good order and discipline.  This incident of misconduct clearly diminished the quality of the applicant's service below that meriting a fully honorable discharge. 
       
       Furthermore, the analyst found no evidence of arbitrary or capricious actions by the command.  The analyst was satisfied that all requirements of law and regulation were met and the rights of the applicant were fully protected throughout the separation process.  
       
       In view of the foregoing, the analyst determined 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: 24 October 2011         Location: Washington, DC

Did the Applicant Testify?  Yes     No  

Counsel: None

Witnesses/Observers: None 

Exhibits Submitted: Online application, Documents from Discharge packet (10 pages), Officer Evaluation Report (3), Letters of Support (2), and DD Form 214 for the period of service under review.

The applicant submitted 1 additional document in support of her case.

VIII.  Board Discussion, Determination, and Recommendation
After carefully examining the applicant’s record during the term of service under review, hearing her 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: NA
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 AR20110012081
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