Application Receipt Date: 060607	

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: 000508   
Chapter: 4    AR: 600-8-24
Reason: Unacceptable Conduct
RE:     SPD: JNC
Unit/Location: HHC 7th Bn 101st Avn Regt Fort Campbell, KY 42223-5000  

Time Lost: None

Article 15s (Charges/Dates/Punishment): 990222-between on or about (971127) and (980303), conduct himself inappropriately with woman, the wife of a SPC, a woman known by him to be married, and did create the appearance of an improper relationship, (General Officer).

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

Counseling Records Available: Yes    No 

IV.  Soldier’s Overall Record
DOB:  680104  
Current ENL Date: 920622    Current ENL Term: Indef Years  ?????
Current ENL Service: 07 Yrs, 10 Mos, 17 Days ?????
Total Service:  10 Yrs, 06 Mos, 19 Days ?????
Previous Discharges: RA-871021-890825/NA
                                      USARCG-890826-901117/NA
                                     ARNG-900118-920426/HD
Highest Grade: 03
Performance Ratings Available: Yes    No 
MOS: 15B Avn Combined Arms Op   GT: NA   EDU: BS Criminology   Overseas: Korea   Combat: None
Decorations/Awards: ARCOM (3),AAM (3), NDSM, ASR, OSR, AABDGE, AABDGE
V.  Post-Discharge Activity
Home of Record: 
Current Address: 
Post Service Accomplishments: The applicant states he was selected for a National Security position as a Federal Agent and Pilot for the legacy U.S. Custom Service, where he is still serving today within the Bureau of Immigration and Customs Enforcement.

VI.  Facts, Circumstances, and Legal Basis for Separation

      a.  Facts and Circumstances:
      Evidence of record shows that on 10 August 1999, the applicant was notified of initiation of elimination proceedings under the provisions of Chapter 4, AR 600-8-24, by reason of acts of misconduct and moral dereliction.  The applicant's letter of  resignation from the service under the provisions of Chapter 4, AR 600-8-24, in lieu of further elimination proceedings, to include his counsultation with legal counsel is not part of the available records and the analyst presumed Government regularity in the discharge proceedings.  On 8 February 2000, the Commander, 101st Airborne Division, recommended that the applicant receive an honorable discharge.  On 28 March 2000, the separation authority recommended that the applicant be eliminated from the Army and furnished an honorable discharge.  On 14 April 2000, the Ad Hoc Review Board met and the board's findings were that the Government has established by a preponderance of the evidence that the applicant should be eliminated from the Army for significant misconduct, moral or professional dereliction, and recommended that the applicant be eliminated from the Army with issuance of an honorable discharge.  On 14 April 2000, the Deputy Assistant Secretary (Army Review Boards) approved the recommendation of the Army Ad Hoc Review Board and directed that the applicant be separated from the Army for misconduct, moral or professional dereliction, with an honorable discharge.
      
      
      

      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 relief be denied in this case. The evidence of record shows that the separation authority approved the applicant's discharge under the provisions of AR 600-8-24, Chapter 4, paragraph 2b, unacceptable conduct with a characterization of service of general, under honorable conditions.  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.  Further, if the applicant desires to reenlist, he should contact the local recruiter to determine his eligibility to reenlist.  Those individuals can best advise a former service member as to the needs of the Army at the time.  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: 23 May 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 term of service  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: 

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

Official: 


MARY E. SHAW				DATE: 31 May 2007
Lieutenant Colonel, U.S. Army
Chief, Secretary Recorder
ARMY DISCHARGE REVIEW BOARD - CASE REPORT AND DIRECTIVE

Case Number AR20060008162

Applicant Name:  Mr.        
______________________________________________________________________


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