Application Receipt Date: 071205	

Prior Review    Prior Review Date: None

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

Issues: See DD Form 293 and attached 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: 060818
Discharge Received:     Date: 070425   
Chapter: 4-2b    AR: 600-8-24
Reason: Unacceptable Conduct
RE:     SPD: JNC
Unit/Location: HHB, III Corps FA Fort Sill, OK 

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
DOB:  740920  
Current ENL Date: 011206    Current ENL Term: Indef Years  ?????
Current ENL Service: 05 Yrs, 04Mos, 25Days ?????
Total Service:  11 Yrs, 11Mos, 22Days ?????
Previous Discharges: RA 930409-960408/HD
                                      USAR 960409-970121/NIF
                                      ARNG 970122-970406/NIF
                                      ARNG 970407-970831/NIF
                                      ARNG 970901-990405/NIF
                                 ARNG 990406-000812/NIF

Highest Grade: 03E
Performance Ratings Available: Yes    No 
MOS:  13 A Field Artillery    GT: NA   EDU: Coll Grad   Overseas: Iraq   Combat: Iraq (030406-040405)
Decorations/Awards: ARCOM, AAM, ARCAM, NDSM, GWOTEM, GWOTSM, ASR, KDSM, OSR
V.  Post-Discharge Activity
Home of Record: 
Post Service Accomplishments: None Listed.

VI.  Facts, Circumstances, and Legal Basis for Separation

      a.  Facts and Circumstances:
      Evidence of record shows that on 18 August 2006, 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 because of substandard performance, misconduct and derogatory information.  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 20 December 2006, the applicant appeared, with counsel, before a Board of Inquiry (Show Cause Board).  The Board found that the applicant committed an acts of misconduct, was a substandard duty performer, and that his record contained other derogatory information and that he engaged in conduct unbecoming an officer.  The Board recommended separation with a under other than honorable conditions discharge.  The Ad Hoc Review Board recommended that the applicant’s elimination be accepted with issuance of a under other than honorable conditions discharge.  On 09 April 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 under other than honorable conditions. 
      
      The record contains a Lawton Police Department Report dated 061103.
      
      The record contains a  Army Board of Review for Elimination case dated 070409.
      
      The record contains a GO letter of reprimand dated 060512.

      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 all the applicant’s available military records during the period of service under review, the issues and documents he submitted, the analyst recommends that the applicant’s characterization of service be upgraded to general, under honorable conditions.  This recommendation was made after full consideration of his faithful and honorable service, as well as his record of misconduct.  The evidence in this case supports a conclusion that the applicant’s characterization of service was too harsh, and as a result it is inequitable.  While the applicant's misconduct is not condoned, the analyst noted that the the file does contains evidence to support the applicant's claim of severe depression and or PTSD injuries sustained during his deployment to Iraq as a Brigade Civil Affairs Officer.  As a result, his overall length and quality of the applicant's service, to include his combat service, and the supporting medical documents, mitigated the discrediting entries in his service record.  Accordingly, the analyst recommends to the Board that the applicant’s characterization of service be upgraded to general, under honorable conditions.  However, the reason for discharge and the characterization of service remains both proper and equitable.   

VII.  Summary of Army Discharge Review Board Hearing 

Type of Hearing: 			Date: 080206              
Location: Washington DC

Did the Applicant Testify?  Yes     No  

Counsel: NA

Witnesses/Observers: None 

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 5    No change 0   - 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 characterization of service was too harsh based on the applicant’s length and quality of his service to include his combat service and the circumstances surrounding his misconduct and as a result it is inequitable.  Accordingly, the Board voted to grant relief in the form of an upgrade of the characterization of service to general, under honorable conditions.  The Board determined that the reason for discharge was proper and equitable and voted not to change it.  

Case report reviewed and verified by: Earl Silver, 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: 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: 080208
Lieutenant Colonel, U.S. Army
Chief, Secretary Recorder
ARMY DISCHARGE REVIEW BOARD - CASE REPORT AND DIRECTIVE

Case Number AR20070017790

Applicant Name:    
______________________________________________________________________


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