Applicant Name:  

Application Receipt Date: 080626	Prior Review:     Prior Review Date: NA  

I.  Applicant Request:  Upgrade     Reason Change     RE Code Change    

Issues: See DD Form 293 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: 020709
Discharge Received: 			   Date: 020918   Chapter: 4       AR: 600-8-24
Reason: Unacceptable Conduct	   RE:     SPD: BNC   Unit/Location: HHC, 8th Military Police Brigade, APO, AP 

Time Lost: None

Article 15s (Charges/Dates/Punishment): None 

Courts-Martial (Charges/Dates/Punishment): None

Counseling Records Available: Yes    No 

IV.  Soldier’s Overall Record
Age at current enlistment:  23
Current Entry Date: 960119    Current Officer Term: Indef Years  ?????
Current Commissioned Service: 	06 Yrs, 08Mos, 00Days ?????
Total Commissioned Service:		06 Yrs, 08Mos, 00Days ?????
Previous Discharges: 	None
Highest Grade: O3		Performance Ratings Available: Yes    No 
MOS: 31A5P/MP General   GT: NA   EDU: BS Degree   Overseas: Korea   Combat: None
Decorations/Awards: MSM, ARCM x3, AAM, NDSM, ASR, OSR x 3

V.  Post-Discharge Activity
City, State:  Lexington, KY
Post Service Accomplishments: Applicant states he is a defense contractor with tours in Iraq, Germany, New Orleans and Africa

VI.  Facts, Circumstances, and Legal Basis for Separation

       a.  Facts and Circumstances:
       Evidence of record shows that on 2 July 2002, 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 after being drunk and disorderly while off duty (010902), charged with drunken driving (011225) and received a General Officer Letter of Concern for this incident, missing curfew (020406) and received a General Officer Memorandum of Reprimand.  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 9 July 2002, 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 chain of command recommended approval of the resignation in lieu of elimination proceedings with issuance of a general, under honorable conditions discharge.   On 11 July 2002, the approving official recommended approval of the Resignation in Lieu of Elimination Proceedings with the issuance of an honorable discharge.    The Ad Hoc Review Board recommended that the applicant’s resignation be accepted with issuance of a general, under honorable conditions discharge.  On 23 August 2002, 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 two General Officer Memorandums of Reprimand  dated 27 September 2001 and 30 May 2002.

       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 eliminating an officer from the 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 a change to applicant's narrative reason for separation or his separation code.  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 or general 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 applicant was discharged under the provisions of Chapter 4, Paragraph 4-2B and 4-24A, 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. 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: 3 November 2008         Location: Washington, DC

Did the Applicant Testify?  Yes     No  

Counsel: NA

Witnesses/Observers: NA 

Exhibits Submitted: None














VIII.  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.  
        
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
								         President, Army Discharge Review Board
Issue a new DD Form 214  					
Change Characterization to: 			         
Change Reason to: NA
Other: NA										
RE Code: 									 
Grade Restoration:   No   Yes   Grade: NA
ARMY DISCHARGE REVIEW BOARD - CASE REPORT AND DIRECTIVE

Case Number AR20080010809
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