Applicant Name:  ?????

Application Receipt Date: 2009/04/10	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 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: 060519   Chapter: 4-2B       AR: 600-8-24
Reason: Unacceptable Conduct	   RE:     SPD: JNC   Unit/Location: 464th Chem Bde, Fort Meade, MD 

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:  42
Current ENL Date: 021117    Current ENL Term: Indefinite Years  ?????
Current ENL Service: 	03 Yrs, 06Mos, 03Days ?????
Total Service:  		12 Yrs, 10Mos, 19Days ?????
Previous Discharges: 	 RA-930928-960927/HD
                                        RA-900928-930927/HD
                                        RA-831109-930927/HD
Highest Grade: O3		Performance Ratings Available: Yes    No 
MOS: 74A   GT: NA   EDU: College Grad   Overseas: Germany   Combat: None
Decorations/Awards: MSM x 2, JSCOM, ARCOM x 4, AAM x 2, AGCM x 3, ARCAM x 2, NDSM, GWOTSM, AFRM, NCOPDR, OSR, AASL Badge 

V.  Post-Discharge Activity
City, State:  ?????
Post Service Accomplishments: The applicant has had multiple low level management jobs in retail.  Currently, the applicant states he is a sales and leasing consultant and the VP for the local Reserve Officers Association.   

VI.  Facts, Circumstances, and Legal Basis for Separation

       a.  Facts and Circumstances:
       The evidence of record shows that on 13 April 2004, the applicant was notified of initiation of elimination proceedings under the provisions of Chapter 4, paragraph 4-2B, AR 600-8-24, by reason of misconduct, moral or professional dereliction.  The applicant was directed to show cause for his retention in the Army for driving a rented motor vehicle under the influence of alcohol while on active duty; causing an accident which damaged the vehicle; used money from the Brigade Unit Fund for personal purposes; and wrote a check from the Brigade Unit Fund for a military ball, and said check was returned for insufficient funds.  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 11 September 2004, a Board of Inquiry recommended that the applicant be discharged from active federal military service with a characterization of service of under other than honorable conditions.  On 21 April 2006, the Department of the Army Board of Eliminations recommended that the applicant be eliminated from the United States Army based on misconduct, moral or professional dereliction, with an under other than honorable conditions discharge.  On 25 April 2006, the DASA (Army Review Boards) accepted the Boards' recommendations to eliminate the applicant from the United States Army with an under other than honorable conditions 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 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 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 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 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.  Further, the correction that the applicant requests of having his records moved from the archives to the Retired Reserve 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. Additionally, eligibility for veteran's benefits to include educational benefits under the Montgomery GI Bill does not fall within the purview of the Army Discharge Review Board.  Accordingly, the applicant should contact a local office of the Department of Veterans Affairs for further assistance.  In view of the foregoing, the analyst determined that 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: None

Witnesses/Observers: American Legion Representative  

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 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 AR20090007754
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