Application Receipt Date: 070116

Prior Review    Prior Review Date: None

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

Issues: See applicant's attached DD Form 149 which was submitted in lieu of
a DD Form 293 by the applicant.

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: 050630
Discharge Received:     Date: 061130
Chapter: 4-2B and 4-24A (1)    AR: 600-8-24
Reason: Unacceptable Conduct
RE:     SPD: BNC
Unit/Location: Company C, 158th Aviation Regiment, 3d Battalion, APO AE
09182

Time Lost: None

Article 15s (Charges/Dates/Punishment): 041013/Wrongful sexual intercourse
with a married woman not his wife and making a false official statement to
a CPT/(General Officer)

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

Counseling Records Available: Yes    No

IV.  Soldier’s Overall Record
DOB:  750605
Current ENL Date: 020611    Current ENL Term: 06 Years       
Current ENL Service: 04 Yrs, 05Mos, 20Days      
Total Service:  13 Yrs, 06Mos, 00Days      
Previous Discharges: RA-930601-961203/HD
                                      RA-961204-000227/HD
                                      RA-000228-020610/HD
Highest Grade: CW2
Performance Ratings Available: Yes    No
MOS: 153D0 (UH-60 Pilot)   GT: NA   EDU: NIF   Overseas: Southwest Asia
Combat: Afghanistan (050311-060228)
Decorations/Awards: Air Medal (2d Award), ARCOM (3d Award), AAM (7th
Award), AGCM (3d Award), NDSM (2d Award), ACM, GWOTSM, NCOPDR, ASR, OSR (2d
Award), Parachutist Badge
V.  Post-Discharge Activity
Home of Record: Soda Springs, ID
Current Address: 547 Wythe Creek Road Apt. 15A
Poquoson VA 23662
Post Service Accomplishments: None Listed

VI.  Facts, Circumstances, and Legal Basis for Separation

      a.  Facts and Circumstances:
      Evidence of record shows that on 30 June 2005, the Commander, United
States Army Europe and Seventh Army, APO AE 09014, notified the applicant
of initiation of elimination proceedings under the provisions of Chapter 4,
AR 600-8-24, by reason of misconduct, moral or professional dereliction
(acts of personal misconduct as substantiated by an Article 15 dated 13
October 2004 and a General Officer Memorandum of Reprimand).  The applicant
was directed to show cause for his retention on active duty because of
misconduct.  He was advised that he could submit a voluntary resignation in
lieu of elimination or submit a rebuttal and request an appearance before a
Board of Inquiry.  On 4 May 2006, 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.
On 11 September 2006, the Commander, Headquarters, 1st Armored Division,
Unit 24309, APO AE 09096, recommended that the applicant be eliminated from
the service with a honorable discharge.  The Ad Hoc Review Board met, and
on 6 November 2006, the Acting Deputy Assistant Secretary (Army Review
Boards) approved the recommendation of the Army Ad Hoc Review Board, and
directed that he be discharged from the U.S. Army 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.

      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 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", and the separation code is "BNC."
Army Regulation 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 and separation code, entered in block 26 of the form,
will be entered exactly as listed in tables 2-2 or 2-3 of AR 635-5-1,
Separation Program Designator (SPD) Codes.  The regulation further
stipulates that no deviation is authorized.  There is no provision for any
other reason to be entered under this regulation.  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: 19 September 2007
Location: Washington, DC

Did the Applicant Testify?  Yes     No

Counsel: American Legion
                 ATTN: Mr. Lawrence Provost
                 1608 K Street NW
                 Washington, DC  20006

Witnesses/Observers: None

Exhibits Submitted: The applicant submitted one additional document in
support of his personal appearance hearing.



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 NA    No change NA   - Character
                                   Change 5    No change 0   - 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, hearing his testimony, and considering the
analyst’s recommendation and rationale, the Board determined that the
narrative reason for discharge is now inequitable based on the overall
length and quality of the applicant's service, to include his combat
service, the circumstances surrounding the discharge, and his post service
accomplishments.  Accordingly, the Board voted to change the narrative
reason for separation to miscellaneous/general reasons with a corresponding
separation code (SPD) of "FND."

















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: Miscellaneous/General Reasons with a corresponding
separation code (SPD) of "FND."
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:


CHRISTINE U. MARTINSON            DATE: 26 September 2007
Lieutenant Colonel, U.S. Army
Chief, Secretary Recorder