Applicant Name: ?????
Application Receipt Date: 080520 Prior Review: Prior Review Date: NA
I. Applicant Request: Upgrade Reason Change RE Code Change
Issues: See attached DD Form 293 and supporting documents submitted by the Applicant.
II. Were Proper Discharge and Separation Authority procedures followed?
Tender Offer: NA
See Attachments: Legal Medical Minority Opinion Exhibits
III. Discharge Under Review
Unit CDR Recommended Discharge: Date: 071030
Discharge Received: Date: 080229 Chapter: 4-2B AR: 600-8-24
Reason: Unacceptable Conduct RE: SPD: JNC Unit/Location: HHC, 1st BCT, 4th Inf Div (M), Ft. Hood, TX
Time Lost: None
Article 15s (Charges/Dates/Punishment): 070221, Made a false official statement with intent to deceive, Dishonorably failed to pay a debt, Adultery; Forfeiture of $2,491.00 pay per month for two months (FG).
Courts-Martial (Charges/Dates/Punishment): None
Counseling Records Available: Yes No
IV. Soldiers Overall Record
Age at current enlistment: 29 on date of commissioning
Current ENL Date: NA Current ENL Term: 3 Years Obligated volunteer officer 3 years in a voluntary indefinite status
Current ENL Service: 03 Yrs, 10 Mos, 25 Days ?????
Total Service: 07 Yrs, 10 Mos, 11 Days ?????
Previous Discharges: RA 950713-970925 / HD
RA 970925-030212 / HD
Highest Grade: O3 Performance Ratings Available: Yes No
MOS: 35E Counterintelligence GT: 122 EDU: College Grad Overseas: Republic of Korea Combat: Iraq (051205-061201)
Decorations/Awards: ARCOM (3), AAM (2), NDSM (2), GWOTSM, KDSM, ICM, ASR, OSR
V. Post-Discharge Activity
City, State: Killeen, TX
Post Service Accomplishments: See attached DD Form 293 and supporting documents submitted by the Applicant.
VI. Facts, Circumstances, and Legal Basis for Separation
a. Facts and Circumstances:
The evidence of record shows that on 21 February 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 having committed adultery, failing to pay a debt, and making a false official statement. The Applicant 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 23 July 2007, the Board found that the Applicant committed an act of personal misconduct by wrongfully committing adultery, failing to pay a debt and making a false official statement. The Board recommended separation with an under other than honorable conditions discharge. The Ad Hoc Review Board recommended that the Applicants elimination be accepted with issuance of a general, under honorable conditions discharge. On 9 January 2008, 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.
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 Applicants 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 Applicants 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 Applicants service mitigated the misconduct or poor duty performance. Therefore, 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: 18 March 2009 Location: Washington, D.C.
Did the Applicant Testify? Yes No
Counsel: NA
Witnesses/Observers: NA
Exhibits Submitted: NA
VIII. Board Discussion, Determination, and Recommendation
After carefully examining the Applicants record of service during the period of service under review and considering the analysts recommendation and rationale, the Board determined that the discharge was both proper and equitable and voted to deny relief.
IX. Board Decision
XI. Certification Signature
Board Vote: Approval Authority:
Character - Change 0 No change 5
Reason - Change 0 No change 5
(Board member names available upon request)
EDGAR J. YANGER
Colonel, U.S. Army
X. Board Action Directed President, Army Discharge Review Board
Issue a new DD Form 214
Change Characterization to:
Change Reason to: No Change
Other: No Change
RE Code:
Grade Restoration: No Yes Grade: No Change
ARMY DISCHARGE REVIEW BOARD - CASE REPORT AND DIRECTIVE
Case Number AR20080008043
______________________________________________________________________________
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