Application Receipt Date: 060525	

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: 040421
Discharge Received:     Date: 040618   
Chapter: 4    AR: 600-8-24
Reason: Unacceptable Conduct
RE:     SPD: BNC
Unit/Location: Company A 187th Med Bn 32nd Med Bde  Fort Sam Houston, TX 78234-5028 

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:  721218  
Current ENL Date: 950816    Current ENL Term: 4 Years  ?????
Current ENL Service: 08 Yrs,  10 Mos, 03 Days ?????
Total Service:  08 Yrs, 10 Mos, 03 Days ?????
Previous Discharges: None
Highest Grade: 03
Performance Ratings Available: Yes    No 
MOS: 66H5K Med Surgical Nurse   GT: NA   EDU: Nursing Degree   Overseas: None   Combat: None
Decorations/Awards: ARCOM (2), NDSM (2), GWOTSM, ASR, 
V.  Post-Discharge Activity
Home of Record: 
Current Address: 
Post Service Accomplishments: The applicant states he is currently employed as a Registered Nurse at two area hospitals and works an average of fifty hours a week in the Intensive Care Unit.  He concudes by stating that he and his wife are active volunteers in their church youth program.   

VI.  Facts, Circumstances, and Legal Basis for Separation

      a.  Facts and Circumstances:
      Evidence of record shows that on 3 March 2004, the applicant was notified of initiation of elimination proceedings under the provisions of Chapter 4, AR 600-8-24, by reason of acts of personal conduct and moral dereliction.  On 12 March 2004, the applicant submitted a conditional letter of resignation requesting that he be granted a characterization of service no less favorable than honorable, and if not, requested an appearance before a board of inquiry.  On 14 April 2004, the applicant voluntarily tendered his resignation from the service under the provisions of Chapter 4, AR 600-8-24, resignation in lieu of further 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 submitted a statement in his own behalf.  The chain of command recommended approval of the resignation in lieu of elimination proceedings with issuance of a honorable discharge.  On 21 April 2004, the separation authority recommended approval of the resignation in lieu of elimination proceedings with issuance of a honorable discharge.  The Ad Hoc Review Board recommended that the applicant’s resignation be accepted with issuance of an honorable discharge.  On 1 June 2004, 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 honorable. 
      
      
      
      

      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 careful review of all the applicant's military records for the term of service  under review, the analyst recommends that a change to the narrative reason for separation be denied in this case. The evidence of record shows that the separation authority approved the applicant's discharge under the provisions of Chapter 4, paragraph 4-2b, AR 600-8-24, unacceptable conduct with a characterization of service of  honorable.  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.  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.  Accordingly, the analyst determined that the narrative reason for discharge remains both proper and equitable.

VII.  Summary of Army Discharge Review Board Hearing 

Type of Hearing: 			Date: 070110              
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 narrative 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: 

ROBERT L. HOUSE
Colonel, U.S. Army
President, Army Discharge Review Board

Official: 


MARY E. SHAW				DATE: 070112
Lieutenant Colonel, U.S. Army
Chief, Secretary Recorder
ARMY DISCHARGE REVIEW BOARD - CASE REPORT AND DIRECTIVE

Case Number AR20060007466

Applicant Name:  Mr.       
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