Applicant Name:  ?????

Application Receipt Date: 2009/04/03	Prior Review:     Prior Review Date: NA     

I.  Applicant Request:  Upgrade     Reason Change     RE Code Change    

Issues: The applicant states, "I am requesting the change in narrative reason of my discharge.  While in the military, I met and married a non-commissioned officer.  We received immediate legal guidance on how to deal with our relationship (by JAG) - and were told to not offer the information, but never lie if specifically asked. Someone informed the chain of command about our marriage and I immediately spoke to the Brigade Commander and told him everything. I also immediately offered to resign my commission. (I did not intend to continue serving; my husband was a career soldier.) The chain of command decided to persue action against me and my husband.  I requested to resign - my chain of command requested that I receive an "other than honorable" discharge. (My husband did not receive any action against him). I requested and received an honorable discharge.  My service was impecable during 5 years. I was top ranked in each position that I help and specifically deployed in a Brigade Staff position as a 1LT.  As a CPT, I filled the rear detachment Battalion Commander position and worked with the other Battalion Commaner in the Brigade. I was never told that the statement "Unacceptable Conduct" would be permanently on my DD214. I was a successful, high performing Officer while I serve my duty.  I married someone that I fell in love with - who received no recourse for our marriage.  I continue to be successful in my civilian life, but my DD214 continues to hang over me like a black cloud. I deserve a honorable discharge without any narrative reason. I completed the time of my service; I had planned on getting out of the military; I was a great officer; I respectfully request you allow me to continue my career without this comment acting as a blemish on my record. Thank you."

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: NIF
Discharge Received: 			   Date: 050628   Chapter: 4-2b and 4-24a(1)    AR: 600-8-24
Reason: Unacceptable Conduct	   RE:     SPD: BNC   Unit/Location: 16th QM Co, 49th STB, Ft Lee, VA 

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:  22
Current ENL Date: 000527    Current ENL Term: Indefinite Years  ?????
Current ENL Service: 	5 Yrs, 01Mos, 02Days ?????
Total Service:  		5 Yrs, 01Mos, 02Days ?????
Previous Discharges: 	None
Highest Grade: O3		Performance Ratings Available: Yes    No 
MOS: 92A/ Quartermaster Officer   GT: NA   EDU: College Grad   Overseas: SWA   Combat: Kuwait (030109-030901)
Decorations/Awards: ARCOM x2, AAM, NDSM, GWOTEM, GWOTSM, ASR

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

VI.  Facts, Circumstances, and Legal Basis for Separation

       a.  Facts and Circumstances:
       The evidence of record shows that on 15 March 2005, the applicant was notified of initiation of elimination proceedings under the provisions of Chapter 4, AR 600-8-24, by reason of misconduct, moral or professional dereliction.  The applicant was directed to show cause for her retention in the Army due to fraternization, adultery, conduct unbecoming an officer and making false statements from September 2003 thtough 28 December 2003.  She was advised that she could submit a voluntary resignation in lieu of elimination or submit a rebuttal and request an appearance before a Board of Inquiry.  On 15 April 2005, the applicant submitted a resignation in lieu of elimination.  The Ad Hoc Review Board recommended that the applicant’s resignation be accepted with issuance of an honorable discharge.  On 7 June 2005, 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 an honorable discharge.  

       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, the issues, and the supporting documents she submitted, the analyst determined that the evidence was not sufficiently mitigating to warrant an change in the reason of the discharge under review.  The applicant’s discharge was appropriate because the quality of her service was not consistent with the Army's standards for acceptable personal conduct and performance of duty by Army Officers.  By her misconduct, the applicant diminished the quality of her service below that meriting a fully honorable or general discharge.  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.  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 Chapter 4, 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 "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.  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: 13 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 period of enlistment under review and considering the analyst’s recommendation and rationale, the Board determined that the narrative reason for 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 AR20090005652
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