IN THE CASE OF:
BOARD DATE: 16 April 2014
DOCKET NUMBER: AR20130014406
THE BOARD CONSIDERED THE FOLLOWING EVIDENCE:
1. Application for correction of military records (with supporting documents provided, if any).
2. Military Personnel Records and advisory opinions (if any).
THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:
1. The applicant requests an upgrade of his general discharge to an honorable discharge.
2. The applicant states his general discharge is affecting him getting a job as a civilian.
3. The applicant provides no additional evidence.
CONSIDERATION OF EVIDENCE:
1. On 18 June 1999, the applicant was appointed in the U.S. Army Reserve, as a warrant officer one and entered active duty on the same date. He held military occupational specialty 152HE (AH-64D Attack Pilot). He was promoted to chief warrant officer three (CW3) on 1 October 2006.
2. On 1 May 2010, he was notified of initiation of elimination proceedings under the provision of Army Regulation 600-8-24 (PersonnelGeneral, Officer Transfers and Discharges), chapter 4, paragraphs 4-2a(1), (2), and (12), by reason of substandard performance or professional dereliction. He was advised to show cause for retention for personal misconduct and conduct unbecoming an officer by forging his unit commander's signature requesting curtailment of his Outside Continental U.S. (OCONUS) tour, willfully disobeying a commissioned officer, failing to report for duty on two occasions, discreditable failure to meet personal financial obligations, conduct resulting in loss of special qualifications, mismanagement of personal affairs that were unfavorably affecting an officer's performance of duty, and a downward trend of his overall performance.
3. On 6 May 2010, he voluntarily tendered his resignation under the provisions of Army Regulation 600-08-24, chapter 4, in lieu of further elimination proceedings. He elected not to have his case considered by a board of officers.
4. On 13 May 2010, the applicant's senior commander recommended approval of the applicant's resignation with the issuance of a general discharge.
5. An Ad Hoc Review Board considered his case and recommended his separation with a general discharge, under honorable conditions characterization of service. On 17 June 2010, the Deputy Assistant Secretary Review Boards (DASA (RB)), after review of the applicant's resignation in lieu of elimination, accepted the applicant's resignation and directed that he be discharged from the U.S. Army with an under honorable conditions characterization of service.
6. On 17 July 2010, he was discharged from the Army under the provisions of Army Regulation 600-8-24, paragraph 4-2b in the rank of CW3. His service was characterized as under honorable conditions. He was credited with completing 11 years and 1 month of net active service with no time lost.
7. On 28 September 2011, the Army Discharge Review Board denied his request for an upgrade of his general discharge.
8. Army Regulation 600-8-24 sets the basic authority for the transfer or discharge of officers from active duty. The regulation states in:
a. Paragraph 4-2b, action may be or will be initiated for eliminating officers in the Active Army for misconduct, moral or professional dereliction, or in the interests of national security. An under other than honorable conditions discharge will normally be issued when an officer is discharged for an involuntarily separated due to misconduct, moral or professional dereliction, or for the final revocation of a security clearance as a result of an act or acts of misconduct, including misconduct for which punishment was imposed.
b. Paragraph 1-22a, an honorable discharge will be issued when the quality of the officer's service has met the standards of acceptable conduct and performance of duty, or final revocation of a security clearance for reasons that do not involve acts of misconduct.
c. Paragraph 1-22b, a general discharge will be issued when the officers military record is satisfactory but not sufficiently meritorious to warrant an honorable discharge. A separation under honorable conditions will normally be appropriate when an officer:
* submits an unqualified resignation or a request for release from active duty under circumstances involving misconduct
* is separated based on misconduct, including misconduct for which punishment was imposed, which renders the officer unsuitable for further service, unless an Under Other Than Honorable Conditions separation is appropriate
* is discharged for the final revocation of a security clearance as a result of an act or acts of misconduct, including misconduct for which punishment was imposed, unless a discharge Under Other Than Honorable Conditions is appropriate
DISCUSSION AND CONCLUSIONS:
1. The evidence shows that on 1 May 2010 the applicant was notified of his elimination from the Army for substandard performance or professional dereliction. On 6 May 2010, he voluntarily tendered his resignation in lieu of elimination from the service. His chain of command recommended approval.
2. An Ad Hoc Review Board considered his case and recommended a general discharge. On 17 June 2010, the DASA (RB), accepted his resignation and directed the issuance of a general discharge. He was discharged accordingly on 17 July 2010.
3. He provided no evidence or a convincing argument to show his discharge should be upgraded and his military records contain no evidence which would entitle him to an upgrade of this discharge. The evidence shows his misconduct diminished the quality of his service below that meriting a fully honorable discharge.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
___X____ ___X____ ___X___ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
The evidence presented does not demonstrate the existence of a probable error or injustice. Therefore, the Board determined that the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned.
__________X___________
CHAIRPERSON
I certify that herein is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in this case.
ABCMR Record of Proceedings (cont) AR20130014406
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ABCMR Record of Proceedings (cont) AR20130014406
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