Applicant Name:  ?????

Application Receipt Date: 2009/03/30	Prior Review:     Prior Review Date: NA     

I.  Applicant Request:  Upgrade     Reason Change     RE Code Change    

Issues: See DD Form 293 and attached documents submitted by he 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: 080801
Discharge Received: 			   Date: 080916   Chapter: 2-33     AR: 600-8-24
Reason: Misconduct	   RE:     SPD: JKB   Unit/Location: D Btry, 1-22nd FA, Fort Sill, OK 

Time Lost: None

Article 15s (Charges/Dates/Punishment): The applicant's record contains a dismissed General Officer Article 15 dated, 20 June 2008.

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

Counseling Records Available: Yes    No 

IV.  Soldier’s Overall Record
Age at current enlistment:  29
Current ENL Date: 080511/OAD    Current ENL Term: 00 Years  143 Days
Current ENL Service: 	00 Yrs, 04Mos, 06Days ?????
Total Service:  		00 Yrs, 05Mos, 06Days ?????
Previous Discharges: 	USAR-080410-080510/NA
                                          (Concurrent Service)
Highest Grade: 0-1		Performance Ratings Available: Yes    No 
MOS: None   GT: NA   EDU: BS (Business Management)   Overseas: None   Combat: None
Decorations/Awards: None

V.  Post-Discharge Activity
City, State:  Colorado Springs, CO 
Post Service Accomplishments: None Listed 

VI.  Facts, Circumstances, and Legal Basis for Separation

       a.  Facts and Circumstances:
             The evidence of record shows that on 2 July 2008, the applicant was notified of initiation of elimination proceedings under the provisions of Chapter 4, paragraphs 4-2(b) and (c), AR 600-8-24, by reason of misconduct and derogatory information.  The applicant was directed to show cause for his retention in the Army after testing positive for marijuana (080513), and receiving a General Officer Memorandum of Reprimand dated 20 June 2008.  He was advised that he could submit a written rebuttal, resignation in lieu of elimination, request discharge in lieu of elimination, or apply for retirement if otherwise eligible.  On 22 July 2008, the applicant voluntarily tendered his  resignation under the provisions of Chapter 4, AR 600-8-24, in lieu of further elimination proceedings.  The applicant was a probationary officer and therefore not entitled to a Board of Inquiry.  On 1 August 2008, Commander, U.S. Army Field Artillery Center and Fort Sill, Fort Sill, OK, recommended approval of the applicant's request for resignation in lieu of elimination under the provisions of Chapter 4, AR 600-8-24, with a general, under honorable conditions discharge.  On 13 August 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 general, under honorable conditions.

The analyst noted that on the applicant's DD Form 214, block 25, "Separation Authority" reads "Paragraph 2-33", block 26, "Separation (SPD) Code" reads "JKB," and block 28, "Narrative Reason for Separation" reads "Misconduct."  However, the separation authority accepted the applicant's resignation in lieu of elimination under the provisions of paragraph 4-2b and (c),  AR 600-8-24, Unacceptable Conduct.  

The applicant's record contains a General Officer Memorandum of Reprimand dated 20 June 2008, for using marijuana (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 in the interest of national security.

       c.  Response to Issues, Recommendation and Rationale:  
       After a careful review of all the applicant's military records during the term of service  under review, the issues and documents he submitted, the analyst determined that the evidence was not sufficiently mitigating to warrant an upgrade of the discharge under review. The evidence of record shows that the separation authority approved the applicant's discharge under the provisions of Chapter 4,paragraph 2-33, AR 600-8-24, by reason of misconduct and derogatory information, with a characterization of service of general, under honorable conditions.  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.  The analyst concluded that by his misconduct, the applicant diminished the quality of his service below that meriting a fully honorable discharge.  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 and 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.  Further, if the applicant desires to reenlist, he should contact the local recruiter to determine his eligibility to reenlist.  Those individuals can best advise a former service member as to the needs of the Army.  Additionally,  the analyst noted the applicant's issue regarding reinstatement of his reserve commission does 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 this matter.  An application for that Board can be obtained on line or from the Veterans Administration.  
       
       Additionally, the analyst found that someone in the separation process erroneously entered on the applicant's DD Form 214, block 25, "Separation Authority" to read "Paragraph 2-33," block 26, "Separation (SPD) Code" to read "JKB," and block 28," "Narrative Reason For Separation" to read "Misconduct."  The analyst recommends that block 25, "Separation Authority" be administratively changed to "Paragraphs 4-2b and (c)," block 26, "Separation (SPD) Code" to "JNC," and block 28," "Narrative Reason For Separation" to "Unacceptable Conduct" as accepted by the separation approving authority.  Except for the forgoing modification to the applicant's Separation Authority, Separation (SPD) Code, and the Narrative Reason For Separation, the analyst determined that the reason for discharge and the characterization of service were both proper and equitable.
       
       
       
       
       
       
       
       
       
       
       
       
VII.  Summary of Army Discharge Review Board Hearing

Type of Hearing: 		Date: 27 January 2009         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 enlistment under review and considering the analyst’s recommendation and rationale, the Board directs ARBA Support Division- St. Louis to administratively change block 25, "Separation Authority" to "Paragraphs 4-2b and (c)," block 26, "Separation (SPD) Code" to "JNC," and block 28, "Narrative Reason for Separation" to "Unacceptable Conduct."  Except for the forgoing modifications to the applicant's Separation Authority, Separation Code (SPD), and the Narrative Reason For Separation, 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: Unacceptable Conduct under provisions of Chapter 4, AR 600-8-24.
Other: The Board directs ARBA Support Division-St. Louis to administratively change block 25, "Separation Authority" to "Paragraphs 4-2b and (c)," block 26, "Separation (SPD) Code" to "JNC," and block 28, "Narrative Reason For Separation" to "Unacceptable Conduct." 										
RE Code: 
Grade Restoration:   No   Yes   Grade: None
ARMY DISCHARGE REVIEW BOARD - CASE REPORT AND DIRECTIVE

Case Number AR20090007321
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