Applicant Name:  ?????

Application Receipt Date: 2011/11/04	Prior Review:     Prior Review Date: NA     

I.  Applicant Request:  Upgrade     Reason Change     RE Code Change    

Issues:  The applicant states, in effect, that he was discharged from active duty because he received a GOMOR while in basic officer leadership course II at Fort Benning, Ga.  He previously wrote to ARBA because he felt his chain of command inserted letters that he was never given the opportunity to address.  He was granted partial relief and since the company and battalion commanders' letters of recommendation were removed from his OMPF, the effects of the letters are still being endured by him.  The letters affected everyone’s judgment/decisions that followed because of the libel they contained.  It caused his GOMOR to be placed in his OMPF which led to a show cause board that led to his elimination.  The letters that have now been removed also affected the decisions of the boards that eliminated him because false information was used to justify his elimination.  It was also remarked in his partial relief that he never denied the actions of the females.  He was not aware that the board never read the 15-6 investigation in which he wrote a sworn statement declaring he did not have sex with his fellow Service member.  What he said in his rebuttal was that he stood by his original statement.  He wanted to show the chain of command that he would assume responsibility of the perception his behavior caused.  He truly feels that if those letters were removed before, or if he was allowed to address them, he would still be serving proudly on active duty.  After the accusations he went on to complete the Infantry Basic Officer Leadership Course and he was one day away from attending the Ranger School before he was pulled from training and eliminated from service.  He has since started a job and volunteers at various senior citizen centers in Virginia.  He is also a member of his local church.  He did not let these events destroy the man he is and he still wishes to serve in the military.  He believes his discharge should be changed to honorable and he should be reinstated on active duty.  He has served 11 years with a spotless record both on active duty and the Reserves.  He holds a top secret security clearance.  He has served as a military police officer and as a military intel analyst while in Korea.  He also served as a drill sergeant for two years.  He completed a tour in Iraq from February 2003 to January 2004.  He also formed an IG complaint at Fort Benning, Ga, where they found that the 15-6 investigation was not done according to regulation.  Even though the JAG signed off on it, the JAG claimed that since it was an administrative recommendation and not punitive it was not vetted thoroughly and because JAG signed off on the 15-6, everyone accepted the letters of recommendation which directly impacted the process that followed them.  He was told that since he was being discharged he would have to file an appeal this way, once he was discharged.

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: 110127   Chapter: 4-2b    AR: 600-8-24
Reason: Unacceptable Conduct	   RE:     SPD: JNC   Unit/Location: TSB, 2nd Bn, 11th Inf Regt, Lieutenant Training Battalion, 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:  29
Current ENL Date: 090917    Current ENL Term: Indef Years  ?????
Current ENL Service: 	01 Yrs, 04 Mos, 27 Days ?????
Total Service:  		10 Yrs, 01 Mos, 12 Days ?????
Previous Discharges: 	USAR (001216-010909) / NA
			IADT   (010910-020201) / HD
			USAR (020202-030209  / NA
			     AD (030210-040125) / HD
			USAR (040126-060708) / NA
			     AD (060709-070820) / HD
			     RA (070821-090916) / HD
Highest Grade: HD		Performance Ratings Available: Yes    No 
MOS: 11Z (Infantry)   GT: NIF   EDU: 14 Years   Overseas: Korea; SWA (Iraq and Kuwait (030429-031224))   Combat: Iraq (NIF) (according to his statement)
Decorations/Awards: ARCOM; AAM-2; NDSM; ICM-CS; GWOTSM; KDSM; ASR; OSR-2

V.  Post-Discharge Activity
City, State:  ?????
Post Service Accomplishments: The applicant states, in effect, that since his discharge, he has started a job and volunteers at various senior citizen centers in Virginia, and that he is also a member of his local church.

VI.  Facts, Circumstances, and Legal Basis for Separation

       a.  Facts and Circumstances:
       The applicant's record is void of the specific facts and circumstances concerning the events that led to a discharge from the Army.  However, the record does contain the Deputy Assistant Secretary (Army Review Boards)'s approval of the recommendation of the Army Ad Hoc Review Board and directed the applicant’s discharge with a characterization of service of general, under honorable conditions on 9 December 2010, and a properly consituted DD Form 214 (Certificate of Release or Discharge from Active Duty), which was authenticated by the applicant's digital signature.  His DD Form 214 indicates he was discharged under the provisions of Chapter 4, AR 600-8-24, paragraph 4-2b by reason of unacceptable conduct.  The applicant received a general, under honorable conditions discharge.

       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 military records, and the issue 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.  
       
       The applicant contends that his discharge was unjust because his chain of command inserted letters of recommendation that were removed from his OMPF pursuant to having been granted partial relief in his previous request to ARBA.  He contends that the letters caused his GOMOR which led to a show cause board and his discharge.  However, 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.  There is no evidence in the record, nor has the applicant produced any evidence, to support the contention that he was unjustly discriminated.  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 an upgrade of his discharge and the reason for his discharge changed.   
       
       The applicant contends that the narrative reason for his discharge should be changed.  However, the applicant was separated under the provisions of Chapter 4, paragraph 4-2b, AR 600-8-24 with a general, under honorable conditions 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.
       
       The analyst acknowledges the applicant's in service accomplishments as stated in his application.  However, the analyst did not find the said issue sufficiently mitigating to warrant an upgrade of the discharge under review. 
       
       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. 
       
       Therefore, the analyst recommends to the Board that 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: 18 May 2012         Location: Washington, D.C.

Did the Applicant Testify?  Yes     No  

Counsel: None

Witnesses/Observers: NA 

Exhibits Submitted: Online application, dated 25 October 2011.






















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: NA
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 AR20110022201
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