Applicant Name:   

Application Receipt Date: 2008/08/01	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: 010213
Discharge Received: 			   Date: 010515   Chapter: 4-2b      AR: 635-200
Reason: Unacceptable Conduct	   RE:     SPD: JNC   Unit/Location: HHB, 214th Field Artillery Bde, Ft Sill, OK 

Time Lost: None

Article 15s (Charges/Dates/Punishment): 010209, the suspended punishment from the first Article 15 is vacated as a result of new offenses, to wit: at or near Fort Sill, OK, on or about 2 December 2000, stole merchandise and or services of a value of about $43.20, the property of Holiday Bowl; on or about 2 December 2000, in a public place, to wit: Holiday Bowl, attempt to solicit a relationship with underage females, which conduct was unbecoming of an officer and gentleman; on or about 2 December 2000, knowingly fraternize with an enlisted Specialist, on terms of military equality, to wit: engaging in a relationship which would create an actual or clearly predictable adverse impact on discipline, authority, morale, or the ability of the command to accomplish its mission; forfeiture of $1300.00 pay per month for two months and restriction for 30 days.  (FG)

001127, at Fort Sill, OK, on or about 18 October 2000, without authority, fail to go at the time prescribed to his appointed place of duty, to wit: 0600 hrs Physical Training at building 2412; at Fort Sill, OK, on or about 19 October 2000, without authority, fail to go at the time prescribed to his appointed place of duty, to wit: 1600 hrs Officer Professional Development at building 2412; forfeiture of $1000.00 pay per month for two months, with all forfeitures in excess of $500.00 per month for two months, suspended, to be automatically remitted if not vacated before 1 June 2001.  (FG)  

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

Counseling Records Available: Yes    No 

IV.  Soldier’s Overall Record
Age at current enlistment:  21
Current ENL Date: 980815    Current ENL Term: Indef Years  ?????
Current ENL Service: 	2 Yrs, 11Mos, 19Days ?????
Total Service:  		7 Yrs, 00Mos, 18Days ?????
Previous Discharges: 	ADT 950524-950816/HD
                                       
Highest Grade: 1LT		Performance Ratings Available: Yes    No 
MOS: 13A/ Field Artillery Officer   GT: 110   EDU: COLLEGE GRAD, BS   Overseas: None   Combat: None
Decorations/Awards: NDSM, ASR




V.  Post-Discharge Activity
City, State:  ?????
Post Service Accomplishments: The applicant cited several accomplishments since his discharge to include earning a Masters Degree in Psychology, licensed by the state of Arizona as an independent substance abuse counselor.  He states that since August 2004 he has worked at the Arizona State Prison-Kingman where he serves as a clinical supervisor. 

VI.  Facts, Circumstances, and Legal Basis for Separation

       a.  Facts and Circumstances:
       The evidence of record shows that on 15 February 2001, the applicant was notified of initiation of elimination proceedings under the provisions of Chapter 4, paragraph 2(b)(5) and (8), AR 600-8-24, by reason of personal misconduct and conduct unbecoming an officer.  The applicant was advised that he could submit a voluntary resignation in lieu of elimination or submit a rebuttal.  The Ad Hoc Review Board recommended that the applicant’s elimination be accepted with issuance of a general, under honorable conditions discharge.  On 26 April 2001, 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 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 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.  The analyst acknowledges the applicant's successful transition to civilian life and noted the many accomplishments outlined with the application and in the documents 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 characterization of service and reason for discharge were both proper and equitable, and recommends to the Board to deny relief.  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: 15 May 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 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
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: NA
ARMY DISCHARGE REVIEW BOARD - CASE REPORT AND DIRECTIVE

Case Number AR20080012646
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