Applicant Name:  ?????

Application Receipt Date: 2011/09/22	Prior Review:     Prior Review Date: NA     

I.  Applicant Request:  Upgrade     Reason Change     RE Code Change    

Issues: The applicant states, in effect, he was just recently separated from the Army Reserves (AGR) and needed assistance in getting his DD Form 214 corrected.  He was honorably discharged and on the DD Form 214, there was the reason code “unacceptable conduct.”  Normally this is a code that represents a less than honorable conditions discharge.  He  has more documents for the Board's review in assisting in his case to get the DD Form 214 redone to reflect his entire service not just a snap shot of one mistake of his military career.  He was given an Article 15 for an inappropriate behavior and was allowed to continue on with his service.  He received punishment for his actions back in November 2008.  He has the support of his chain of command and all his performance evaluations shows his service has been impeccable minus the one when the incident occurred.  He was separated almost 2 1/2 years after the incident because of having derogatory information in his permanent record.  He is requesting that the DD Form 214 be corrected, so that he can continue to serve in the Army Reserves as a drilling reservist (TPU).  This is not how someone with an impeccable career for the past 17 1/2 years and with one mistake should be discharged from the AGR.  He has learned from his mistake.   

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: NIF
Discharge Received: 			   Date: 110902   Chapter: 4-2b      AR: AR 600-8-24
Reason: Unacceptable Conduct	   RE:     SPD: JNC   Unit/Location: U.S. Army Human Resources Command,  Fort Knox, KY 

Time Lost: None

Article 15s (Charges/Dates/Punishment): 081118, wrongfully had an inappropriate relationship with a 1LT (080211-081008); on divers occasions, wrongfully had sexual intercourse with a 1LT, a woman not his wife (080125-080311), forfeiture of $3,000.00 for 2 months and an Oral Reprimand. (GO)  

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

Counseling Records Available: Yes    No 

IV.  Soldier’s Overall Record
Age at current enlistment:  33
Current ENL Date: OAD/080311    Current ENL Term: 1 Years  ?????
Current ENL Service: 	03 Yrs, 05 Mos, 22 Days ?????
Total Service:  		19 Yrs, 07 Mos, 09 Days ?????
Previous Discharges: 	ARNG-920124-930714/NA
                                       ADT-930715-931119/HD
                                       ARNG-931120-960912/HD
                                       USARCG/ROTC 960913-980502/NA 
                                       USAR/CADET -980503-010503/HD
                                       USARCG 010504-030316/NA
                                       AD-030317-040710/HD
                                       USARCG-040711-080310/NA


Highest Grade: O-4		Performance Ratings Available: Yes    No 
MOS: 31A 5W Military Police   GT: NA   EDU: 16 Years   Overseas: SWA   Combat: Iraq (080311-090116)
Decorations/Awards: JSCM, ARCOM-2, JSAM-2, AAM-3, ARCAM, NDSM, ICM-w/CS, GWOTEM, GWOTSM, AFRM-w/MD-3, NCOPDR, ASR, OSR-2,  

V.  Post-Discharge Activity
City, State:  ?????
Post Service Accomplishments: None listed by the applicant

VI.  Facts, Circumstances, and Legal Basis for Separation

       a.  Facts and Circumstances:
       The applicant’s record is void of the complete facts and circumstances concerning the events that led to his discharge from the Army.  Further, the applicant submitted with his online application a copy of his rebuttal statement in reference to his officer elimination action dated 23 March 2010.  The evidence of record shows that on 15 June 2011, the Major General, USA Commanding, Fort Knox, KY indicated that he had carefully considered the applicant's rebuttal and the Board of Inquiry's recommendation that he be separated from the service with an honorable discharge and concurred with the Board's recommendation and tthat he applicant will be separated from the US Army.  
       
       On 24 June 2011, the Ad Hoc Review Board met and recommended the applicant’s elimination be accepted with issuance of an honorable discharge.  
       
       On 27 June 2011, the Deputy Assistant Secretary (Army Review Boards) approved the recommendation of the Army Ad Hoc Review Board and directed the applicant’s discharge with a characterization of service of honorable.   

       b.  Legal Basis for Separation:  
             Army Regulation 600-8-24 sets forth 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 in the interest of national security.  AR 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 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 no deviation is authorized.

       c.  Response to Issues, Recommendation and Rationale:  
       After a careful review of all the applicant’s available military records, and the issue, and documents he submitted, the analyst found no mitigating factors that would merit a change to the narrative reason for discharge on the applicant's DD Form 214.  
       
             The applicant contends he was honorably discharged and on the DD Form 214 there was the reason code “unacceptable conduct.” Normally this is a code that represents a less than honorable conditions discharge.  The applicant was discharged under the provisions of Chapter 4-2b, AR 600-8-24, by reason of unacceptable conduct with an honorable discharge.  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.  There is no provision for any other reason to be entered under this regulation.  

Furthermore, there is a presumption of regularity in the conduct of governmental affairs that shall be applied in any review unless there is substantial credible evidence to rebut the presumption.  The applicant bears the burden of overcoming this presumption through the presentation of substantial and credible evidence to support his issue.  The applicant’s statements alone do not overcome the government’s presumption of regularity and he has not provided any documentation or further evidence in support of his request for a change to the narrative reason for discharge on the applicant's DD Form 214.  
  
             Further, the applicant contends he would like for the Board to review the documents he submitted and to review his entire service not just a snap shot of one mistake of his military career.  He was given an Article 15 and was allowed to continue on with his service.  He has the support of his chain of command and all his performance evaluations shows his service has been impeccable minus the one when the incident occurred.  The analyst acknowledges the applicant’s in-service accomplishments and considered the quality of his service during the initial portion of the enlistment under review.  However, this service was determined not to be sufficiently mitigating to warrant an upgrade to the characterization of discharge as shown by the documented actions under Article 15 of the Uniformed Code of Military Justice.

              Lastly, the applicant contends that he would like to continue to serve in the Army Reserves as a drilling reservist (TPU).  He has learned from his mistake.  The analyst noted the applicant's issue; however, the issue the applicant submitted is not a matter on which the Army Discharge Review Board grants a change in discharge because it raises no matter of fact, law, procedure, or discretion relating to the discharge process nor is it associated with the discharge at the time of issuance.  The applicant should contact the Army Reserve 
       
       Therefore, the analyst recommends to the Board that the reason for discharge remains both proper and equitable.   

VII.  Summary of Army Discharge Review Board Hearing

Type of Hearing: 		Date: 23 May 2012         Location: Washington, DC

Did the Applicant Testify?  Yes     No  

Counsel: None

Witnesses/Observers: NA 

Exhibits Submitted: An Online DD Form 293; DD Form 214; a self-authored-statement, dated 23 March 2010; a copy of the ADHOC procedures and documents, 10 pages; eight character reference letters with various dates; and OERs covering various periods, eighteen copies  

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

X.  Board Action Directed
Issue a new DD Form 214  
Change Characterization to: 
Change Reason to: No Change
Other: NA
RE Code: 
Grade Restoration:   No   Yes   Grade: NA

XI.  Certification Signature
Approval Authority:




EDGAR J. YANGER
Colonel, U.S. Army
President, Army Discharge Review Board




BONITA E. TROTMAN
Lieutenant Colonel, U. S. Army
Secretary Recorder



















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 AR20110019315
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