Applicant Name:  ?????

Application Receipt Date: 2009/03/24	Prior Review:     Prior Review Date: NA     (ABCMR 11 February 2009)

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: NIF
Discharge Received: 			   Date: 070727   Chapter: 4-2b      AR: 600-8-24
Reason: Unacceptable Conduct	   RE:     SPD: JNC   Unit/Location: Special Troops Battalion (Rear)(Provisional), 13th Sustainment Command (Expeditionary)(Rear)(Provisional), 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:  38
Current ENL Date: 020906    Current ENL Term: Indef Years  ?????
Current ENL Service: 	04 Yrs, 10Mos, 22Days ?????
Total Service:  		17 Yrs, 04Mos, 00Days ?????
Previous Discharges: 	RA 900328-020905/HD (Enlisted Service)
Highest Grade: 0-3		Performance Ratings Available: Yes    No 
MOS: 74A/Chemical Officer   GT: NA   EDU: HS GRAD   Overseas: SWA, Korea   Combat: Iraq (030410-040423)
Decorations/Awards: ARCOM (5), AAM (3), AGCM (4), NDSM (2), SWASM W/BSS (2), GWOTEM, GWOTSM, KDSM, NCOPDR (2), ASR, OSR (4), KLM (SA), KLM (Kuwait)

V.  Post-Discharge Activity
City, State:  ?????
Post Service Accomplishments: The applicant states that he has earned a college degree.













VI.  Facts, Circumstances, and Legal Basis for Separation

       a.  Facts and Circumstances:
       The evidence of record shows that on 7 February 2007, the applicant was notified of initiation of elimination proceedings under the provisions of Chapter 4, paragraph 4-2, AR 600-8-24, by reason of intentional misstatement of fact and misconduct.  The applicant was directed to show cause for his retention in the Army after he submitted an application for Officer Candidate School (OCS) which contained a diploma and transcripts that he knew to be fraudulent. The applicant misrepresented to the US Army that he had attended Texas A&M University and received a bachelor's degree knowing that he never attended such; that he had in fact purchased the documents online between August and September 2001.  The for several years the fraudulent degree remained in his Official Military Personnel Record and cited on his Officer Record Brief, which the applicant signed as being correct.  He was advised that he could submit a voluntary resignation in lieu of elimination, request discharge in lieu of elimination or submit a rebuttal or declination statement.  As the applicant was a probationary officer, he was not entitled to a Board of Inquiry (Show Cause Board).  Additionally, as he was not being recommended for an Other Than Honorable Discharge which aslo made he ineligible for a Board of Inquiry.  The Applicant submitted a rebuttal.  Subsequently, his case was forwarded to Human Resources Command for submission to the Assistant Secretary of the Army (Manpower and Reserve Affairs).   The Ad Hoc Review Board recommended that the Applicant’s elimination be accepted with issuance of a general, under honorable conditions discharge.  On 13 June 2007, the Acting 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 general, under honorable conditions.
       
       Record of evidence contains a General Officer Letter of Reprimand, dated 8 December 2006, reprimanding the Applicant for providing a fraudulent college degree for his official military record which facilitated his commission as an officer. 

       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 the elimination of officers from the active Army for substandard performance of duty, misconduct, moral or professional dereliction, and in the interest of national security.

       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 discharge.  The applicant provided no significant corroborating evidence demonstrating that either the command's action was erroneous or that the applicant’s service mitigated the misconduct or poor duty performance.  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: 7 December 2009         Location: Washington, D.C.

Did the Applicant Testify?  Yes     No  

Counsel: Yes;

Witnesses/Observers: None 

Exhibits Submitted: Yes

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 1    No change 4
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 AR20090006992
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