Application Receipt Date: 060420	

Prior Review    Prior Review Date: None

I.  Applicant Request
Request:  Upgrade     Reason Change     RE Code Change    

Issues: See DD Form 293, with attachments.

II.  Were Proper Discharge and Separation Authority procedures followed?  
Yes    No        Tender Offer:   ?????

See Attachments:  Legal     Medical     Minority Opinion     Exhibits 

III.  Original Character of Discharge
Unit CDR Recommended Discharge:    Date: 031114
Discharge Received:     Date: 051005   
Chapter: 2-12    AR: 135-175
Reason: Moral or Professional Dereliction
RE:     SPD: NA
Unit/Location: Headquarters, Joint Task Force Guantanamo (J4), U.S Naval Station Guantanamo, Cuba 

Time Lost: None

Article 15s (Charges/Dates/Punishment): 030620-violated a lawful general order on divers occasions by being present in a female's quarters after midnight between (030212-030613); misuse rank and position to intimidate junior enlisted members on divers occasions between (030212-030613); wrongfully had sexual intercourse with a female, not his wife on divers occasions between (030212-030613).

030620-General Officer Memorandum of Reprimand, for wrongful sexual intercourse with a female, not his wife, and intentionally misusing rank and position to intimidate junior enlisted personnel, (Administrative).


Court-Martials (Charges/Dates/Punishment): None

Counseling Records Available: Yes    No 

IV.  Soldier’s Overall Record
DOB:  NIF  
Current ENL Date: Appointed 020313    Current ENL Term: Indefinite Years  ?????
Current ENL Service: 3 Yrs, 6 Mos, 25 Days ?????
Total Service:  23 Yrs, 2 Mos, 29 Days ?????
Previous Discharges: RA-700607-711200/NA
                                      ARNG-810627-950220/HD
                                      USAR-950221-020312/HD

Highest Grade: O-5
Performance Ratings Available: Yes    No 
MOS: 11A00   GT: NIF   EDU: College Grad   Overseas: Guantanamo, Cuba   Combat: None
Decorations/Awards: BSM, AAM w/ 2 OLC, ARCAM w/ 4 OLC, NDSM w/ SS, VSM, AFRM, ASR, OSR w/ 1 OLC, ARCOTR w/ 1 OLC, RVCM, PUC, MUC, MSC
V.  Post-Discharge Activity
Home of Record: 
Current Address: 
Post Service Accomplishments: None were submitted.

VI.  Facts, Circumstances, and Legal Basis for Separation

      a.  Facts and Circumstances:
      Evidence of record shows that on 14 November 2003 the unit commander notified the applicant of initiation of separation action under the provisions of Chapter 2, AR 135-175, by reason of moral or professional dereliction, with a general, under honorable conditions discharge.  He was advised of his rights and was given 15 days from the date of receipt of the notification to acknowledge receipt in writing and exercise an option in paragraph 3.  The applicant consulted with legal counsel, was advised of the impact of the discharge action, and requested a hearing by an officer administrative separation board, and did not submit a statement in his own behalf.  The unit commander subsequently recommended separation from the service.  The intermediate commander reviewed the proposed discharge action and recommended approval of the separation action.  On 12 May 2004, the applicant was notified to appear before a board of officers, and advised of his rights.  The board met; applicant appeared with counsel.  The board recommended separation with a general, under honorable conditions discharge.  On 23 March 2005, the senior commander forwarded the results of the officer administrative separation board to U.S. Army Human Resources Command, St. Louis, and recommended that the applicant be separated with a general, under honorable conditions discharge.  The separation approval authority documentation, directing that the applicant be discharged from the Army Reserve is not a part of the available records and the analyst is presuming government regularity in the discharge process.  DA, U.S. Army Human Resources Command, St. Louis, Missouri, Orders D-09-529887, discharged the applicant U.S. Army Reserve with a general, under honorable conditions discharge effective date: 7 October 2005.
      

      b.  Legal Basis for Separation:  
      Army Regulation 135-175 sets forth the basic authority for the separation of officer personnel.  Chapter 2-12, in effect at the time, established policy and prescribed procedures for the involuntary separation of members for moral or professional dereliction.  Moral and professional dereliction included:  Intentional failure to meet personal financial obligations; mismanagement of personal affairs to the discredit of the service; intentional omission or misstatement of facts in official statements or records for the purpose of misrepresentation; acts of personal misconduct; homosexuality; intentional failure to participate satisfactorily in required IRR training; conviction by civil court of a felony resulting in confinement; and, conduct unbecoming an officer.  Officers discharged for any of the following reasons may be furnished an honorable or general discharge certificate, or other than honorable conditions discharge.
      

      c.  Response to Issues, Recommendation and Rationale:  
      After a careful review of all the applicant’s records for the term of service under review, and the issues he submitted, the analyst found 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 military personnel.  By his misconduct, the applicant diminished the quality of his service below that meriting a fully honorable discharge.  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.  Therefore, the analyst found that the characterization of service and the reason for discharge were both proper and equitable and recommends the Board vote to deny relief in this case.
      
      
      
      
      
      
      
      

VII.  Summary of Army Discharge Review Board Hearing 

Type of Hearing: 			Date: 17 April 2007              
Location: Chicago, IL

Did the Applicant Testify?  Yes     No  

Counsel: Yes [ redacted ]

Witnesses/Observers: None 

Exhibits Submitted: 350 pages of documents pertaining to Administrative Discharge Hearing, notification, and enclosures. 




VIII.  Board Decision
The discharge was:			Proper	 	Improper	
				                 	Equitable	 	Inequitable	

The characterization of service was:   Proper	 	Improper	
				                 	Equitable	 	Inequitable	

The narrative reasons were: 	       	Equitable	 	Inequitable	

DRB voting record:  		      	Change     No change    (Character)
		 			       	Change     No change    (Reason)
					      (Board member names available upon request)

IX.  Board Discussion, Determination, and Recommendation
After carefully examining the applicant’s record of service during the period of enlistment 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 not to change it.
























Case report reviewed and verified by: Mr. John Zangas, Examiner									        
X.  Board Action Directed
No Change 
Issue a new DD Form 214  
Change Characterization to:    
Change Reason to: None
Other: None
RE Code:  
Grade Restoration:   No   Yes  Grade: None

XI.  Certification Signature and Date
Approval Authority: 

MARK E. COLLINS
Colonel, U.S. Army
President, Army Discharge Review Board

Official: 


MARY E. SHAW				DATE: 4 May 2007
Lieutenant Colonel, U.S. Army
Chief, Secretary Recorder
ARMY DISCHARGE REVIEW BOARD - CASE REPORT AND DIRECTIVE

Case Number AR20060005714

Applicant Name:        
______________________________________________________________________


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