Applicant Name: ?????

Application Receipt Date: 2007/10/04	

Prior Review    Prior Review Date: None

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

Issues: See DD Form 293 and supporting documents submitted 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: 070424
Discharge Received:     Date: 070812   
Chapter: 4-2b    AR: 600-8-24
Reason: Unacceptable Conduct
RE:     SPD: JNC
Unit/Location: HHC, 1st Infantry Division, Fort Riley, KS 

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
Year/Month:  1977/12  
HOR City, State: Littleton, CO
Current ENL Date: 030807    Current ENL Term: INDEF Years  ?????
Current ENL Service: 04 Yrs, 00Mos, 06Days ?????
Total Service:  04 Yrs, 05Mos, 25Days ?????
Previous Discharges: RA 030218-030806/NA
Highest Grade: O-2
Performance Ratings Available: Yes    No 
MOS: 42B/AG   GT: NA   EDU: MA - Criminology   Overseas: SWA   Combat: Kuwait/Iraq (060205-070212)
Decorations/Awards: JMUA, NDSM, GWOTEM, GWOTSM, ICM, ASR, OSR

V.  Post-Discharge Activity
Post Service Accomplishments: None listed

VI.  Facts, Circumstances, and Legal Basis for Separation

      a.  Facts and Circumstances:
      The evidence of record shows that on 24 April 2007, the applicant was notified of initiation of elimination proceedings under the provisions of Chapter 4, AR 600-8-24, by reason of misconduct, moral or professional dereliction.  The applicant was directed to show cause for his retention in the Army for failing two APFT and failing to meet the weight/body fat standard over a period of 13 months; for conduct unbecoming of an officer for multiple offenses of failure to repair in 2004; for wrongful use of government computers to view pornography (April-December 2006) while deployed to Iraq, in violation of GO#1; and for adverse and derogatory information filed in his OMPF (GOMOR dated 25 January 2007).  He was advised that he could submit a voluntary resignation in lieu of elimination or submit a rebuttal statement in place of the resignation.  On 24 May 2007, the applicant submitted a rebuttal statement.  The senior commander carefully considered all the evidence against the applicant, including his rebuttal matters and recommended elimination with a general, under honorable conditions discharge.  The Army Ad Hoc Review Board recommended that the applicant be eliminated with issuance of a general, under honorable conditions discharge.  On 2 July 2007, the Deputy Assistant Secretary (Army Review Boards) approved the recommendation of the Army Ad Hoc Review Board and directed that the applicant be discharged with a characterization of service of general, under honorable conditions.
      
      The record contains a GOMOR dated 25 January 2007.

      b.  Legal Basis for Separation:  
      Army Regulation 600-8-24 sets forth the basic authority for Officer Transfers and Discharges.  Chapter 4 outlines the policy and procedure for the elimination of officers from the active Army for substandard performance of duty, misconduct, moral or professional dereliction, and in the interest of national security.

      c.  Response to Issues, Recommendation and Rationale:  
      After a careful review of the entire applicant’s military records, the issues, and the independent evidence he submitted, the analyst determined that the evidence was not sufficiently mitigating to warrant an upgrade of the discharge under review.  The applicant’s discharge was appropriate because the quality of his service was not consistent with the Army's standards for acceptable personal conduct and performance of duty by Army Officers.  By his misconduct, the applicant diminished the quality of his service below that meriting a fully honorable discharge.  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 or poor duty performance.  Furthermore, the record indicates the applicant was on a indefinite appointment as executed by his oath of office on 7 August 2003.  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 reason for discharge and characterization of service were both proper and equitable and recommends to the Board that relief be denied.

VII.  Summary of Army Discharge Review Board Hearing 

Type of Hearing: 			Date: 6 August 2008              
Location: Washington, D.C.

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 1    No change 4   - 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 and voted to deny relief.  

								        
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: 


CHRISTINE U. MARTINSON			DATE: 13 August 2008
Lieutenant Colonel, U.S. Army
Chief, Secretary Recorder
ARMY DISCHARGE REVIEW BOARD - CASE REPORT AND DIRECTIVE

Case Number AR20070013580
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