Application Receipt Date: 060831
Prior Review Prior Review Date: None
I. Applicant Request
Request: Upgrade Reason Change RE Code Change
Issues: See applicant's attached DD Form 293 and supporting 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: 22 May 2005
Discharge Received: Date: 050801
Chapter: 4-2b AR: 600-8-24
Reason: Unacceptable Conduct
RE: SPD: JNC
Unit/Location: Headquarters and Headquarters Troop, 11th armored Cavalry Regiment, APO AE 09334
Time Lost: None
Article 15s (Charges/Dates/Punishment): The applicant received a General Officer Letter of Reprimand on (050516), for losing accountability of his weapon and for failing to report the loss for more than forty-eight hours.
Court-Martials (Charges/Dates/Punishment): None
Counseling Records Available: Yes No
IV. Soldiers Overall Record
DOB: 810817
Current ENL Date: 030529 Current ENL Term: 03 Years ?????
Current ENL Service: 02 Yrs, 02Mos, 03Days ?????
Total Service: 02 Yrs, 02Mos, 02Days ?????
Previous Discharges: None
Highest Grade: 1LT
Performance Ratings Available: Yes No
MOS: 11A (Infantry) GT: NA EDU: Coll Grad Overseas: Southwest Asia Combat: Iraq (050113-050523)
Decorations/Awards: GWOTSM, NDSM, ICM, ASR, Parachutist Badge
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:
Evidence of record shows that on 22 May 2005, the applicant was notified of initiation of elimination proceedings under the provisions of Chapter 4, AR 600-8-24, by reason of substandard performance of duty. On 23 May 2005, 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. 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. He understood that if his resignation was accepted, he could receive an honorable discharge. The record is void of the applicant's chain of command's recommendation for approval of the resignation in lieu of elimination proceedings, and the analyst presumed Government Regularity in the discharge process. On 23 May 2005, the separation authority recommended approval of the resignation in lieu of elimination proceedings with issuance of a honorable discharge. On 11 July 2005, the Deputy Assistant Secretary (Army Review Boards) approved the recommendation of the separation authority 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 eliminating an officer from the Army for substandard performance of duty, misconduct, moral or professional dereliction, and the interest of national security. AR 635-5, Separation Documents, governs preparation of the DD Form 214 and dictates that entry of the narrative reason for separation, entered in block 28 of the form, will be entered as listed in tables 2-2 or 2-3 of AR 635-5-1, Separation Program Designator (SPD) Codes.
c. Response to Issues, Recommendation and Rationale:
After a careful review of all the applicant's military records, and the issue he submitted, the analyst determined that the narrative reason for separation is quite clear and is governed by specific directives. The applicant was discharged under the provisions of paragraph 4-2b, AR 600-8-24. The narrative reason specified by Army Regulations for a discharge under this paragraph is "unacceptable conduct." There is no provision for any other reason to be entered under this regulation. There is no evidence in the records that the command's action was erroneous, or that the applicant was not provided due process throughout the separation proceedings. In view of the foregoing, the narrative reason for discharge is proper and equitable and it is recommended that the Board vote to deny relief in this case.
VII. Summary of Army Discharge Review Board Hearing
Type of Hearing: Date: 20 June 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 0 No change 5 - Reason
(Board member names available upon request)
IX. Board Discussion, Determination, and Recommendation
After carefully examining the applicants record of service during the term of service under review and considering the analysts 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: Eric S. Moore, Examiner
X. Board Action Directed
No Change
Issue a new DD Form 214
Change Characterization to:
Change Reason to: NA
Other: NA
RE Code:
Grade Restoration: No Yes Grade: NA
XI. Certification Signature and Date
Approval Authority:
MARK E. COLLINS
Colonel, U.S. Army
President, Army Discharge Review Board
Official:
MARY E. SHAW DATE: 28 June 2007
Lieutenant Colonel, U.S. Army
Chief, Secretary Recorder
ARMY DISCHARGE REVIEW BOARD - CASE REPORT AND DIRECTIVE
Case Number AR20060012236
Applicant Name: Mr.
______________________________________________________________________
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