Applicant Name:  ?????

Application Receipt Date: 2009/05/05	Prior Review:     Prior Review Date: NA     

I.  Applicant Request:  Upgrade     Reason Change     RE Code Change    

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

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: 001108
Discharge Received: 			   Date: 010402   Chapter: 4-22       AR: 600-8-24
Reason: Homosexual Admission	   RE:     SPD: JRB   Unit/Location: HHC, 2d Bn, 11th In Regt, Fort Benning, GA 

Time Lost: NA

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:  24
Current ENL Date: 990529/ADT    Current ENL Term: NIF Years  ?????
Current ENL Service: 	01 Yrs, 10Mos, 04Days ?????
Total Service:  		07 Yrs, 06Mos, 26Days ?????
Previous Discharges: 	RA-930907-950628/HD
                                       USARGC-950629-960628/NA
                                       USMA-Cadet 960629-990528/NA
Highest Grade: 01		Performance Ratings Available: Yes    No 
MOS: 11A/Infantry Officer   GT: NA   EDU: BS Degree   Overseas: None   Combat: None
Decorations/Awards: AGCM, NDSM, ASR

V.  Post-Discharge Activity
City, State:  Bossier City, LA
Post Service Accomplishments: None Listed

VI.  Facts, Circumstances, and Legal Basis for Separation

       a.  Facts and Circumstances:
       The evidence of record shows that on 21 September 2000, 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, and derogatory information.  
       
       The applicant was directed to show cause for retention in the Army after being apprehended on (991003) for driving under the influence of alcohol (DUI).  A breathalyzer test revealed that his alcohol concentration was .103, and he was convicted of DUI (000120).  The applicant received a General Officer Memorandum of Reprimand, dated (991007), as a result of the DUI offense.  The applicant 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 13 October 2000, the applicant submitted a rebuttal to his proposed initialion of elimination.
       
       On 8 November 2000, the Commander, United States Army Infantry Center and Fort Benning, Fort Benning, GA, recommended that the applicant be discharged with a honorable discharge.  On 31 January 2001, 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 honorable.
       
       The applicant's record contains a Military Police Report dated 3 October 1999 and General Officer's Administrative Reprimand dated 7 October 1999, for being apprehended for driving under the influence of alcohol, as determined by a properly conducted test.
       
       The analyst noted that on the applicant's DD Form 214 block 25, separation authority reads "AR 600-8-24, Para 4-22; block 26, separation code reads "JRB", and block 28, narrative reason for separation reads "Homosexual Admission."  However, the applicant was discharged under the provisions of Chapter 4, Paragraph 4-2b, AR 600-8-24, by reason of misconduct, moral or professional dereliction.  According to AR 635-5-1, Separation Program Designator (SPD)/Reentry (RE) Codes Cross-Reference Table, requires an separation authority of "AR 600-8-24, Para 4-2b"; separation code of "JNC," and a narrative reason for separation of "Unacceptable Conduct."

       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 during the term of service under review, documents, and the issues he submitted, the analyst found that someone in the separation process erroneously entered on the applicant's DD Form 214, block 25, "Separation Authority" to read "AR 600-8-24, Paragraph 4-22," block 26, "Separation (SPD) Code" to read "JRB," and block 28," "Narrative Reason For Separation" to read "Homosexual Admission."  The analyst recommends that block 25, "Separation Authority" be administratively changed to "AR 600-8-24, Paragraphs 4-2b," block 26, "Separation (SPD) Code" to "JNC," and block 28," "Narrative Reason For Separation" to "Unacceptable Conduct" as approved by the separation approving authority.  
       
       Furthermore, the analyst noted the applicant's issues reguarding his debt to the DOD and or DFAS for forgiven or expunge of his debt, these issues do 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.
       
       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: 17 March 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 during the term of service under review and considering the analyst’s recommendation and rationale, the Board directs ARBA Support Division-St. Louis to administratively correct, block 25, "Separation Authority" to "AR 600-8-24, Paragraphs 4-2b," block 26, "Separation (SPD) Code" to "JNC," and block 28," "Narrative Reason For Separation" to "Unacceptable Conduct" as approved 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 Board determined that the reason for discharge and the characterization of service were both proper and equitable.
        
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 with a corresponding Separation (SPD) Code of "JNC".
Other: NA										
RE Code: 
Grade Restoration:   No   Yes   Grade: NA
ARMY DISCHARGE REVIEW BOARD - CASE REPORT AND DIRECTIVE

Case Number AR20090008213
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