Applicant Name:  ?????

Application Receipt Date: 2009/01/09	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: 080825
Discharge Received: 			   Date: 081119   Chapter: 4-2(b)(14)       AR: 600-8-24
Reason: Unacceptable Conduct	   RE:     SPD: JNC   Unit/Location: C Co, 304th USAICFH, Fort Huachuca, AZ 

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:  26
Current ENL Date: 070512/OAD    Current ENL Term: 06 Years  ?????
Current ENL Service: 	01 Yrs, 06Mos, 08Days ?????
Total Service:  		08 Yrs, 05Mos, 26Days ?????
Previous Discharges: 	USN-000523-040525/HD
                                       USNR-040526-050213/NA
                                       ARNG-050214-070511/HD
Highest Grade: O1		Performance Ratings Available: Yes    No 
MOS: None   GT: NA   EDU: College Degree   Overseas: None   Combat: None
Decorations/Awards: NGCM, NDSM, GWOTSM, ASR, NSSDR-2

V.  Post-Discharge Activity
City, State:  Utuado, PR
Post Service Accomplishments: None Listed

VI.  Facts, Circumstances, and Legal Basis for Separation

       a.  Facts and Circumstances:
       Evidence of record shows that on 25 August 2008, the applicant was notified of initiation of elimination proceedings under the provisions of Chapter 4, paragraphs 4-2 (b)(14), AR 600-8-24, by reason of misconduct, moral or professional dereliction.  The applicant was directed to show cause for his retention on active duty for being recycled (080529) from the Military Intelligence Basic Officer Leader Course for failing to achieve a minimum passing score on the Phase IV Individual Battle Update Brief on two consecutive attempts, and on (080623), the chain of command discovered the applicant had turned in a plagiarized report, which the applicant was subsequently relieved from the Military Intelligence Basic Officer Leader Course.  He was advised that he could submit a voluntary resignation in lieu of further elimination, request discharge in lieu of elimination, or submit a written rebuttal.  On 14 July 2008, the applicant elected to submit a memorandum of rebuttal in lieu of resignation from the Army under the provisions of Chapter 4, AR 600-8-24.  The applicant's chain of command recommended that his rebuttal statement be disapproved.  On 7 March 2008, the Commander, United States Army Intelligence Center and Fort Huachuca, Fort Huachuca, AZ, recommended that the applicant be eliminated from the service under the provisions of Chapter 4, AR 600-8-24, with issuance of a general, under honorable conditions discharge.  The Ad Hoc Review Board met; and on 12 November 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 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, paragraph 4-2 (b), AR 600-8-24, by reason of unacceptable conduct, 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 issues; however, even though a isolated 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 isolated incident provides the basis for a characterization.  The analyst having examined all the circumstances determined that the applicant's isolated 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 isolated incident of misconduct clearly diminished the quality of the applicant's service below that meriting a fully honorable discharge.  Further, the analyst found no evidence of arbitrary or capricious actions by the command.  The analyst was satisfied that all requirements of law and regulation were met and the rights of the applicant were fully protected throughout the separation process.  Additionally, the narrative reason for separation is governed by specific directives.  The applicant was discharged under the provisions of paragraph  4-2b(14) 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 "JNC."  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.  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: 8 June 2009         Location: Washington, DC

Did the Applicant Testify?  Yes     No  

Counsel: None

Witnesses/Observers: None 

Exhibits Submitted: None



VIII.  Board Discussion, Determination, and Recommendation
After carefully examining the applicant’s record of service during the term of service under review, hearing his testimony, and considering the analyst’s recommendation and rationale, the Board determined that the characterization of service is too harsh and as a result, it is inequitable.  The Board found that the overall length and quality of the applicant's service, mitigated the discrediting entries in his service record.  Accordingly, the Board voted to grant relief in the form of an upgrade of the characterization of service to fully honorable.  However, the Board determined that the reason for discharge was both proper and equitable and voted not to change it.  
        
IX.  Board Decision						
	XI.  Certification Signature
Board Vote:  							          Approval Authority:	
Character - Change 3    No change 2
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: NA
Other: NA										
RE Code: 
Grade Restoration:   No   Yes   Grade: NA
ARMY DISCHARGE REVIEW BOARD - CASE REPORT AND DIRECTIVE

Case Number AR20090000604
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