Applicant Name:  ?????

Application Receipt Date: 2009/03/31	Prior Review:     Prior Review Date: NA     

I.  Applicant Request:  Upgrade     Reason Change     RE Code Change    

Issues: See DD Form 149 and attached documents submitted by the applicant in lieu of DD Form 293.

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: 080922
Discharge Received: 			   Date: 081128   Chapter: 4-2a & 4-24a (2)       AR: 600-8-24
Reason: Unacceptable Conduct	   RE:     SPD: KNC   Unit/Location: C Co, 4-227th Attack Recon Bn, Fort Hood, TX 

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:  27
Current ENL Date: 050614    Current ENL Term: Indef Years  ?????
Current ENL Service: 	03 Yrs, 05Mos, 15Days ?????
Total Service:  		12 Yrs, 04Mos, 20Days ?????
Previous Discharges: 	RA-960709-020303/HD
                                       RA-020304-050613/HD
Highest Grade: CW2		Performance Ratings Available: Yes    No 
MOS: 152H0 AH-64D Attack Pilot   GT: NA   EDU: 2 Years College   Overseas: Southwest Asia/Korea   Combat: Afghanistan (020715-030210)/Iraq (030906-040413)
Decorations/Awards: ARCOM-3, AAM, AGCM-2, NDSM, ICM-W/CS, GWOTEM, GWOTSM, KDSM, NCOPDR-2, ASR, OSR, CIB, EIB

V.  Post-Discharge Activity
City, State:  Copperas Cove, TX 
Post Service Accomplishments: None Listed










 

VI.  Facts, Circumstances, and Legal Basis for Separation

       a.  Facts and Circumstances:
       The evidence of record shows that on 8 August 2008, the applicant was notified of initiation of elimination proceedings under the provisions of Chapter 4, paragraph 4-2b(5) and (8), AR 600-8-24, by reason of misconduct, moral or professional dereliction.  The applicant was directed to show cause for retention on active duty by reason of a series of substantiated derogatory activity (s) resulting in a General Officer Memorandum of Reprimand (GOMOR) dated 18 March 2008, that was filed in his Official Military Personnel File (OMPF) and conduct unbecoming an officer.   He was advised that he could submit a written rebuttal statement, submit a voluntary resignation in lieu of further elimination, or submit a declination statement.  On 12 September 2008, the applicant voluntarily tendered his conditional resignation under the provisions of Chapter 4-24e(1), AR 600-8-24, in lieu of further elimination proceedings.  The applicant elected to waive his right to appear before a board of officers (Board of Inquiry)  and to submit matters in explanation, rebuttal, or defense concerning the allegations in his case so long as his service is characterized as honorable.  On 22 September 2008, the Commander, Headquarters, 1st Cavalry Division, Fort Hood, TX, recommended approval of the applicant's request for discharge in lieu of elimination under the provisions of Chapter 4, AR 600-8-24, with a fully honorable discharge.  On 22 October 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 fully honorable.
       
       The applicant's record contains a General Officer Memorandum of Reprimand (GOMOR) dated 18 March 2008, for engaging in an inappropriate personal relationship (Administrative). 

       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 for the term of service under review, the issues and documents he submitted, the analyst found no mitigating factors that would merit a change to the applicant's narrative reason for discharge.  The evidence of record shows that the separation authority approved the applicant's discharge under the provisions of Chapter 4, paragraph 4-2b(5) and (8), AR 600-8-24, by reason of unacceptable conduct, with a characterization of service of fully honorable.  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; however, the narrative reason for separation is governed by specific directives.  The applicant was discharged under the provisions of paragraph 4-2b(5) and (8) 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 "KNC."  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.  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.  In view of the foregoing, the analyst determined that the narrative reason for discharge, to include the separation (SPD) code 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: 22 January 2010         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 narrative reason for discharge, to include the separation (SPD) code 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 0
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 AR20090005616
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