Applicant Name:  ?????

Application Receipt Date: 2008/0724	Prior Review:     Prior Review Date: NA     

I.  Applicant 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?	     
Tender Offer:   NA

See Attachments:  Legal     Medical     Minority Opinion     Exhibits 

III.  Discharge Under Review
Unit CDR Recommended Discharge: 	   Date: 060614
Discharge Received: 			   Date: 060821   Chapter: 4-2b     AR: 600-8-24
Reason: Unacceptable Conduct	   RE:     SPD: JNC   Unit/Location: HSC, 5th SFG (ABN), Fort Campbell, KY 

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:  32
Current ENL Date: 030106/OAD    Current ENL Term: 3 Years  ?????
Current ENL Service: 	03 Yrs, 07Mos, 16Days ?????
Total Service:  		13 Yrs, 09Mos, 04Days ?????
Previous Discharges: 	USAR (Cadet)-921118-921118/NA
                                       ARNG-921119-940806/HD
                                       USAR-940807-950103/NA
                                       RA-950104-960601/HD
                                       USAR-960102-001217/NA
                                       USARCG-001218/020528/NA
                                       USAR-020529-030105/NA
Highest Grade: 0-3		Performance Ratings Available: Yes    No 
MOS: 56A Command/Unit Chaplain   GT: NA   EDU: MA Divinity   Overseas: Southwest Asia   Combat: Iraq (030318-040318) and (050518-060106)
Decorations/Awards: BSM, ARCOM, AAM-3, NDSM, ICM, GWOTEM, GWOTSM, ASR

V.  Post-Discharge Activity
City, State:  Phoenix, AZ
Post Service Accomplishments: None Listed 

VI.  Facts, Circumstances, and Legal Basis for Separation

       a.  Facts and Circumstances:
       Evidence of record shows that on 23 May 2006, the applicant was notified of initiation of elimination proceedings under the provisions of Chapter 4, AR 600-8-24, paragraphs 4-2b, 5, 8, and 9, by reason of misconduct, moral or professional dereliction.  The applicant was directed to show cause for his retention on active duty for acts of personal misconduct: to wit; in that the applicant a married man, while deployed to Iraq in support of OIF, wrongfully had sexual intercourse with a MAJ, not his wife between (0505-0601); the applicant's wife stated to a LTC that he admitted to her, having an improper relationship with a MAJ at some point while deployed to Iraq (060206); signed a sworn statement, stating he had sexual intercourse with a female Soldier while deployed to Iraq (060207);  conduct or actions resulted in the loss of professional status, such as withdrawal, suspension, or abaondonment of a professional license. endorsement, or certification that is directly on indirectly connected with or necessary for the performance of one's military duties (060223).  He was advised that he could submit a voluntary resignation in lieu of further elimination, request discharge in lieu of elimination, submit a written rebuttal or a declination statement and request appearance before a Board of Inquiry.  On 24 July 2006, the applicant elected to submit a request for discharge in lieu of  further elimination proceedings from the Army under the provisions of Chapter 4, AR 600-8-24.  The Installation Commander, Fort Campbell, KY, reviewed the applicant's request for discharge in lieu of elimination from the service under the provisions of Chapter 4, AR 600-8-24, and recommended approval of a general, under honorable conditions discharge.  The Ad Hoc Review Board met, and on 13 July 2006, the Deputy Assistant Secretary (Army Review Boards), did not accept the applicant's conditional request for discharge in lieu of elimination, and directed that the case be returned to the Installation Commander, Fort Campbell, KY, for action as he deemed appropriate.  However, the  applicant's conditional request for discharge in lieu of elimination is not part of the available record and the analyst presumed Government regularity in the discharge process.  The Ad Hoc Review Board met again; and on 31 July 2006, the Deputy Assistant Secretary (Army Review Boards), accepted the applicant's request for discharge, and directed that the applicant be discharged from the U.S. Army with a characterization of service of general, under honorable conditions.

       b.  Legal Basis for Separation:  
       Army Regulation 600-8-24 sets 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 the interest of national security.

       c.  Response to Issues, Recommendation and Rationale:  
       After a careful review of all the applicant's military records during the term of service  under review, the issues and documents he submitted with the application, the analyst determined that the evidence was not sufficiently mitigating to warrant an upgrade of the discharge under review. The evidence of record shows that the separation authority approved the applicant's discharge under the provisions of Chapter 4,paragraphs 4-2b, 5, 8, and 9, by reason of misconduct, moral or professional dereliction, with a characterization of service of general, under honorable conditions.  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.  The analyst concluded that 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 analyst noted the applicant's issue; even though a single incident, the discrediting entry constituted a departure from the standards of conduct expected of Soldiers in the Army.  The applicable Army regulation states that there are circumstances in which the conduct or performance of duty reflected by a single incident provides the basis for a characterization.  The analyst having examined all the circumstances determined that the applicant's single incident of misconduct did indeed adversely affect the quality of service, brought discredit on the Army, and was prejudicial to good order and discipline.  This single incident of misconduct clearly diminished the quality of the applicant's service below that meriting a fully honorable discharge.  Further, the analyst noted the applicant's accomplishments outlined with the application.  However, in review of the applicant’s entire service record, the analyst found that these accomplishments did not overcome the reason for discharge and characterization of service granted. In view of the foregoing, the analyst determined that the reason for discharge and the characterization of service were both proper and equitable and recommends to the Board to deny relief.
       
       
       
       
       
       
       
       

VII.  Summary of Army Discharge Review Board Hearing

Type of Hearing: 		Date: 13 May 2009         Location: Washington, DC

Did the Applicant Testify?  Yes     No  

Counsel: NA

Witnesses/Observers: NA 

Exhibits Submitted: NA

VIII.  Board Discussion, Determination, and Recommendation
After carefully examining the applicant’s record of service during the term of service 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
X.  Board Action Directed					         President, Army Discharge Review Board
Issue a new DD Form 214  					
Change Characterization to: 			         
Change Reason to: No Change
Other: NA										
RE Code: 
Grade Restoration:   No   Yes   Grade: None
ARMY DISCHARGE REVIEW BOARD - CASE REPORT AND DIRECTIVE

Case Number AR20080011607
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