Applicant Name:  ?????

Application Receipt Date: 2009/01/12	Prior Review:     Prior Review Date: NA     

I.  Applicant Request:  Upgrade     Reason Change     RE Code Change    

Issues: The applicants states, "While serving under very favorable and honorable circumstances, I submitted my voluntary resignation for a pre-planned future date in order to pursue a position of more responsibility and more opportunity. Subsequent to the submission of my resignation, a strictly interpersonal disagreement led to me leaving under unexpected and less than desirable circumstances. I employed attempted safeguards in preventing the disruptive disagreement beforehand, which included the involvement of my superiors and several candid interpersonal discussions throughout my chain of command. However, my attempts were ultimately unsuccessful and a disruptive verbal argument contributed negatively to the good order and discipline of the unit. I accepted full responsibility for not engaging the dynamics of the interpersonal conflict in a more successful way and I was adjudicated under UCMJ with non-judicial punishment. This has had an extremely humbling effect on me personally; as a result, I have become a better person and leader. My characterization of and discharge from the service has always been Honorable, yet this regrettable interpersonal disagreement resulted in a situation which implicitly changed the nature of my pre-planned voluntary resignation and the type of separation code, and narrative reason for separation, that is currently recorded on my DD214.  I am requesting that only the narrative reason for my separation from service be changed from “Unacceptable Conduct” to “Other”.  I have served our country proudly and honorably in two theaters of operations, fighting the Global War on Terror. I am proud to have received a Bronze Star for my efforts during the early campaign operations in Iraq. I feel as if the current narrative reason for my separation reflects negatively on my characterization of service and undermines my Honorable discharge. I have had several years with this as a constant reminder and although the disruptive disagreement occurred within theater in a wartime environment, I have continued to inculcate the lessons learned from the incident on how to deal with interpersonal conflict, use of proper judgment, and humility; to name a few. I feel as if the non-judicial punishment and the stigma this has left on my military service have exposed me to many other countless and valuable lessons. I also feel as if the narrative reason for separation, as it stands now, only serves as an undeserved life-long reminder of a mistake I made as a young leader while fighting during the Global War on Terror, striving to put forth my best attributes. I request that the change be made for the sake of my generations of family members to come, who will one day proudly serve our country as I have done".


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: 060530
Discharge Received: 			   Date: 060920   Chapter: 4-2B & 4-24A (1)       AR: 600-8-24
Reason: Unacceptable Conduct	   RE:     SPD: BNC   Unit/Location: 10th Rear Provisional FC, Ft Drum, NY 

Time Lost: None

Article 15s (Charges/Dates/Punishment): 060323, near Bagram Airfield, Afghanistan on or about 060310 unlawfully struck a Master Sergeant by pushing him onto his bed and choking him with his hand and acts of disorderly and disgraceful conduct thereby seriously compromising his standing as an officer; forfeiture of $2,251 for 1 month and a written reprimand (GO)

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

Counseling Records Available: Yes    No 

IV.  Soldier’s Overall Record
Age at current enlistment:  23
Current ENL Date: 990717    Current ENL Term: Voluntary Indefinite Years  ?????
Current ENL Service: 	7 Yrs, 04Mos, 01Days ?????
Total Service:  		7 Yrs, 04Mos, 01Days ?????
Previous Discharges: 	None
Highest Grade: CPT		Performance Ratings Available: Yes    No 
MOS: 44A/Finance Officer   GT: NA   EDU: MA Degree   Overseas: Germany, SWA   Combat: Iraq (030319-031102); Afghanistan (dates NIF)
Decorations/Awards: BSM, ARCOMx2, AAM, NDSM, ACM, GWOTEM, GWOTSM, ASR, OSR

V.  Post-Discharge Activity
City, State:  Sterling, VA
Post Service Accomplishments: None sbumitted by the applicant.

VI.  Facts, Circumstances, and Legal Basis for Separation

       a.  Facts and Circumstances:
       The evidence of record shows that on 30 May 2006, the applicant was notified of initiation of elimination proceedings under the provisions of Chapter 4, paragraph 4-2b, AR 600-8-24, because of misconduct, moral or professional dereliction and derogatory information.  The applicant was directed to show cause for his retention in the Army after unacceptable conduct.  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 12 June 2006, the applicant submitted  a resignation in lieu of elimination.  The GOSCA accepted the resignation and recommended that the applicant be separated from the US Army with a honorable discharge.  On 11 August 2006, 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 honorable.  

       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.  AR 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 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.

       c.  Response to Issues, Recommendation and Rationale:  
       After a careful review of all the applicant’s military records during the period of enlistment under review and the issue and documents submitted with the application, the analyst found no mitigating factors that would merit a change to the narrative reason for discharge on the applicant's DD Form 214.  The applicant was discharged under the provisions of Chapter 4, AR 600-8-24 by reason of unacceptable conduct with an honorable discharge.  The narrative reason for separation is governed by specific directives.  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. The analyst acknowledges the applicant's accomplishments to include award of the Bronze Star Medal;  however, in review of the applicant’s entire service record, the analyst found that this accomplishment did not overcome the reason for discharge and characterization of service.  Tthe applicant fully understood the difference between right and wrong when he committed the misconduct that caused the unit commander to initiate the separation action.  In view of the foregoing, the analyst determined that the narrative reason for discharge was both proper and equitable and recommends to the Board to deny relief.
       
       
       

VII.  Summary of Army Discharge Review Board Hearing

Type of Hearing: 		Date: 7 December 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 period of enlistment under review, hearing his testimony and considering the analyst’s recommendation and rationale, the Board determined that the discharge was both proper and equitable, 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 AR20090001034
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