Application Receipt Date: 060823	

Prior Review    Prior Review Date: None

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

Issues: See DD Form 293.

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: 980330
Discharge Received:     Date: 980517   
Chapter: 4    AR: AR 600-8-24
Reason: Unacceptable Conduct
RE:     SPD: BNC
Unit/Location: Company A, William Beaumont Army Medical Center, Fort Bliss, TX 79916 

Time Lost: None

Article 15s (Charges/Dates/Punishment): 980225-Wrongful use of marijuana, between on or about (971207) and (980107), (General Officer).

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

Counseling Records Available: Yes    No 

IV.  Soldier’s Overall Record
DOB:  681028  
Current ENL Date: 960818    Current ENL Term: 4 Years  ?????
Current ENL Service: 01  Yrs, 09 Mos, 00 Days ?????
Total Service:  11 Yrs, 11 Mos, 21Days Item 12d on the DD Form 214, total prior active is incorrect, should read 05 Yrs, 11 Mos, 21 Days, and item 12e on the DD Form 214, total prior inactive service is incorrect, should read 06 Yrs, 00 Mos, OO DAys.   
Previous Discharges: RA-871104-890310/HD
                                      RA-890311-900817/HD
                                      USARCG-900817-960817/NA
Highest Grade: 01
Performance Ratings Available: Yes    No 
MOS: 66H Medical Surgical Nurse   GT: NA   EDU: BS Nursing   Overseas: None   Combat: None
Decorations/Awards: NDSM, ASR
V.  Post-Discharge Activity
Home of Record: 
Current Address: 
Post Service Accomplishments: None Listed

VI.  Facts, Circumstances, and Legal Basis for Separation

      a.  Facts and Circumstances:
      On 20 December 2005, the Commander, U.S. Army Air Defense Center and Fort Bliss, Fort Bliss, TX 79916, recommended that the applicant be eliminated from the service with a general, under honorable conditions discharge.  The Ad Hoc Review Board met, and on 28 April 1998, the Deputy Assistant Secretary (Army Review Boards) approved the recommendation of the Army Ad Hoc Review Board, and directed that the applicant be discharge from the United States Army Reserve with a characterization of service of  general, under honorable conditions.  The applicant’s record is void of the complete facts and circumstances concerning the events that led to a discharge from the United States Army Reserve.  The record is void of the applicant's letter of resignation in lieu of elimination, his consultation with legal counsel advising him of the impact of the discharge action and submitting a statement in his own behalf.  The analyst presumed Government regularity in the discharge process.  However, the record does contain a properly constituted DD form 214 (Certificate of Release or Discharge from Active Duty), which was authenticated by the applicant's signature.  This DD Form 214 indicates that he was discharged under the provisions of Chapter 4, AR 600-8-24, by reason of unacceptable conduct, with a characterization of service of general, under honorable conditions.  Furthermore, the DD Form 214 shows a Separation Code of BNC.  On 4 May 1998, Orders 124-0014, DA, HQ, US Army Air Defense Center and Fort Bliss, Fort Bliss, TX, discharged the applicant from the United States Army Reserve, effective date:  17 May 1998.
      
      The applicant has an Administrative Memorandum of Reprimand dated 25 February 1998, for misconduct (wrongful use of marijuana), in his Official Military Personnel File.   

      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 available records for the term of service under review and the issues he submitted, the analyst finds no facts that would merit an upgrade of the applicant's discharge.  The applicant’s record is void of the specific facts and circumstances concerning the events that led to his discharge from the United States Army Reserve.  However, the applicant’s record does contain a properly constituted DD Form 214 (Certificate of Release or Discharge from Active Duty), which was authenticated by the applicant's signature.  This document identifies the reason and characterization of the discharge and Government regularity in the discharge process is presumed.  That DD Form 214 indicates that the applicant was discharged under the provisions of Chapter 4, AR 600-8-24, by reason of unacceptable conduct, with a characterization of service of general, under honorable conditions.  Barring evidence to the contrary, 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.  Therefore, the narrative reason for discharge and the characterization of service were both proper and equitable.  
      
      
      
      
      
      
      
      
      
      
      
      
      
        

VII.  Summary of Army Discharge Review Board Hearing 

Type of Hearing: 			Date: 12 September 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 2    No change 3   - Character
		 			      Change 0    No change 5   - 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 discharge was both proper and equitable, voted to deny relief.




















 

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: 


CHRISTINE U. MARTINSON			DATE: 20 September 2007
Lieutenant Colonel, U.S. Army
Chief, Secretary Recorder
ARMY DISCHARGE REVIEW BOARD - CASE REPORT AND DIRECTIVE

Case Number AR20060012070

Applicant Name:  Mr.        
______________________________________________________________________


Page 6 of 6 pages