Application Receipt Date: 060502	

Prior Review    Prior Review Date: None

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

Issues: See DD Form 293 and attached documents.

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: NIF
Discharge Received:     Date: 060313   
Chapter: 4    AR: 600-8-24
Reason: Unacceptable Conduct
RE:     SPD: BNC
Unit/Location: B Company 1st Sqdn 17th Cav Regt 82nd Avn Bde Fort Bragg, NC 28310  

Time Lost: None

Article 15s (Charges/Dates/Punishment): None

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

Counseling Records Available: Yes    No 

IV.  Soldier’s Overall Record
DOB:  730925  
Current ENL Date: 020611    Current ENL Term: 6 Years  ?????
Current ENL Service: 03 Yrs, 09 Mos, 02 Days ?????
Total Service:  13 Yrs, 05 Mos, 01 Days ?????
Previous Discharges: RA-921013-960613/HD
                                      RA-961014-990602/HD
                                      RA-990603/020610/HD
Highest Grade: CW2
Performance Ratings Available: Yes    No 
MOS: 152D0 OH-58D Scout Pilot   GT: NIF   EDU: HS Grad   Overseas: Hawaii   Combat: Iraq (000000-000000)
Decorations/Awards: SM, PH, MSM, ARCOM (3), AAM (6), AGCM (3), NDSM (2), GWOTEM, GWOTSM, ICM, HSM, ASR, OSR, MOVSM, JMUA, USAFAM, EIB, AVN BDGE, AABDGE, C/AP, C/Ach (3), COT (16) 
V.  Post-Discharge Activity
Home of Record: 
Post Service Accomplishments: None Listed 

VI.  Facts, Circumstances, and Legal Basis for Separation

      a.  Facts and Circumstances:
      Evidence of record shows that on 22 November 2005, the applicant was notified of initiation of elimination proceedings under the provisions of Chapter 4, AR 600-8-24, by reason of misconduct and moral dereliction.  On 22 November 2005, the applicant voluntarily tendered his resignation from the service under the provisions of Chapter 4, AR 600-8-24, resignation in lieu of elimination proceedings.  He was advised of his rights and understood that if his resignation was accepted, he could receive any type of discharge as determined by Headquarters DA.   The applicant consulted with legal counsel, was advised of the impact of the discharge action, waived consideration of his case by an administrative separation board and did not submit a statement in his own behalf.  The record is void of the applicant's chain of command's recommendation for approval of the resignation in lieu of elimination proceedings.  On 12 December 2005, the Commander, 82nd Airborne Division, Fort Bragg, NC, recommended approval of the resignation in lieu of elimination proceedings with issuance of an under other than honorable conditions discharge.  On 8 February 2006, the Deputy Assistant Secretary (Army Review Boards) approved the recommendation of the Army Ad Hoc Review Board and directed that the applicant be separated with a characterization of service of under other than honorable conditions.
      
      The applicant received a General Officer Letter of Reprimand on 22 November 2005, for his adulterous relationship. 

      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 documents he submitted, the analyst recommend that the applicant's characterization of service be upgraded to general, under honorable conditions.  This recommendation was made after full consideration of his faithful and honorable service, as well as his record of misconduct.  The evidence in this case supports a conclusion that the applicant’s characterization of service was too harsh, and as a result it is inequitable.  While the applicant's misconduct is not condoned, the analyst found that the overall length and quality of the applicant's service, to include his combat service, and the medical circumstances surrounding the discharge mitigated the discrediting entries in his service record.  However, the analyst determined that the reason for discharge was both proper and equitable.    

VII.  Summary of Army Discharge Review Board Hearing 

Type of Hearing: 			Date: 28 March 2007              
Location: Washington, DC

Did the Applicant Testify?  Yes     No  

Counsel: NA

Witnesses/Observers: NA 

Exhibits Submitted: NA




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 and considering the analyst’s recommendation and rationale, the Board determined that the characterization of service was too harsh, and as a result it is inequitable.  Accordingly, the Board voted to grant partial relief in the form of an upgrade of the characterization of service to general, under honorable conditions.  However, the Board found that the reason for discharge was both proper and equitable and voted not to change it.

















  

Case report reviewed and verified by: Mr. Kenneth McFarley, Examiner									        
X.  Board Action Directed
No Change 
Issue a new DD Form 214  
Change Characterization to:    
Change Reason to: None
Other: NA
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: 30 March 2007
Lieutenant Colonel, U.S. Army
Chief, Secretary Recorder
ARMY DISCHARGE REVIEW BOARD - CASE REPORT AND DIRECTIVE

Case Number AR20060006358

Applicant Name:  Mr.        
______________________________________________________________________


Page 5 of 5 pages