Applicant Name:  ?????

Application Receipt Date: 2008/12/08	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: 050122
Discharge Received: 			   Date: 060826   Chapter: 2-12f; 2-12o       AR: 135-175
Reason: Personal Misconduct; Conduct Unbecoming an Officer	   RE:     SPD: NA   Unit/Location: HHC, 1st Bde, 104th Div(IT), Vancouver, WA 

Time Lost: None

Article 15s (Charges/Dates/Punishment): 960213, on or about 2 October 1995, without authority, the applicant failed to go at the time prescribed to his appointed place of duty, to wit: 0300 hrs urinalysis formation; 29 September 1995, with  intent to defraud, falsely sign another officer's name to a DA Form 31; 18 August 1995, with intent to defraud, create a ficticious letter from Army National Bank in order to cover errors in his checking account; to be reprimanded in writing (FG).

Courts-Martial (Charges/Dates/Punishment): NIF

Counseling Records Available: Yes    No 

IV.  Soldier’s Overall Record
Age at current enlistment:  35
Current ENL Date: 020601    Current ENL Term: Indef Years  ?????
Current ENL Service: 	02 Yrs, 07Mos, 21Days ?????
Total Service:  		21 Yrs, 01Mos, 08Days ?????
Previous Discharges: 	ADT 011006-020523/HD
                                    ARNG 991203-020531/HD
                                    ARNG 970421-981030/HD
                                      IADT 950126-970420/HD
                                    ARNG 930216-950131/HD
                                    USAR 890718-060826/UOTH (concurrent service) 
                                         RA 850718-890717/HD
Highest Grade: O-3		Performance Ratings Available: Yes    No 
MOS: 12A/Armor Officer   GT: NA   EDU: Bachelors Degree   Overseas: Germany   Combat: None
Decorations/Awards: ARCOM, AAM, NDSM, ASR, AGCM, OSR

V.  Post-Discharge Activity
City, State:  ?????
Post Service Accomplishments: None listed by the applicant.




VI.  Facts, Circumstances, and Legal Basis for Separation

       a.  Facts and Circumstances:
       The evidence of record shows that on 22 January 2005, the applicant was notified of initiation of elimination proceedings under the provisions of Chapter 2, paragraph 2-12f and paragraph 2-12o, AR 135-175, by reason of personal misconduct, and conduct unbecoming an officer.  The applicant was directed to show cause for his retention in the Army after fraternizing with female Soldiers; committing adultery and indecent exposure .  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 30 April 2005, the applicant appeared, with counsel, before a Board of Inquiry (Show Cause Board).  The Board found that the applicant committed an act of personal misconduct by engaging in fraternization; committing adultery; and that he engaged in conduct unbecoming an officer.  The Board recommended separation with an under other than honorable conditions discharge.   On 3 February 2006, the Commander, US Army Reserve directed that the applicant be discharged with a characterization of service of under other than honorable conditions.  On 26 July 2006, the Commander, US Army Human Resources Command directed that the applicant be discharged with a characterization of service of under other than honorable conditions.
       
       The evidence of record contains a Letter of Reprimand dated 13 February 1996, reprimanding the applicant for forging another person's name to documents with intent to defraud.  

       b.  Legal Basis for Separation:  
       Army Regulation 135-175 prescribes the policies, criteria, and procedures governing the separation of Reserve officers of the Army. 

       c.  Response to Issues, Recommendation and Rationale:  
       After a careful review of all the applicant’s military records, the issues, and the supporting documents 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 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.  Furthermore, the applicant provided no corroborating evidence demonstrating that either the command's action was erroneous or that the applicant’s service mitigated the misconduct or poor duty performance.  Further, the analyst noted the applicant's issues, however, with regard to the applicant's request for his DD Form 214 and last OER, these actions do not fall within the purview of this Board.  The applicant may apply to the Army Board for Correction of Military Records (ABCMR), utilizing DD Form 149 regarding these matters.  An application for that Board is enclosed.  In view of the foregoing, the analyst determined that 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: 2 October 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 AR20090000670
______________________________________________________________________________


Page 1 of 3 pages