Applicant Name:  ?????

Application Receipt Date: 2009/06/23	Prior Review:     Prior Review Date: NA     

I.  Applicant Request:  Upgrade     Reason Change     RE Code Change    

Issues: Narrative reason for discharge is inequitable; post service accomplishments; improper discharge; join the Active Guard Reserve 

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: 040304
Discharge Received: 			   Date: 040928   Chapter: 4-2b     AR: 600-8-24
Reason: Unacceptable Conduct	   RE:     SPD: JNC   Unit/Location: 520th Maint Co, APO AP 96271 

Time Lost: None

Article 15s (Charges/Dates/Punishment): 031216, wrongfully engaging in sexual intercourse (030913-031001), wrongfully having sexual intercourse with a SGT, a married man not her husband (030913-031001), fraternizing with a SGT, an enlisted person, on term of equality, by engaging in a personal and sexual relationship with a non-commissioned officer in her platoon over whom she exercised authority as the platoon leader (030913-031001), dishonor and disgrace herself by vandilizing an automobile belonging to a SSG, a Soldier in the battalion that provided evidence during the AR 15-6 investigation (031129); a written reprimand, and forfeiture of $1,048 pay x 2 months (GO).  

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

Counseling Records Available: Yes    No 

IV.  Soldier’s Overall Record
Age at current enlistment:  23
Current ENL Date: 030107/OAD    Current ENL Term: 03 Years  ?????
Current ENL Service: 	01 Yrs, 08Mos, 18Days ?????
Total Service:  		07 Yrs, 01Mos, 13Days The analyst utilized the applicant's enlistment contract, DD Form 214, and separation orders for computing the period of enlistment under review and the total service.
Previous Discharges: 	USAR-970812-980623/NA
                                       ADT-980624-981106/HD
                                       USARCG-981107-021213/NA
                                       USAR-021214-030106/NA
Highest Grade: O-1		Performance Ratings Available: Yes    No 
MOS: 91A Ordnance General   GT: NA   EDU: BA (Journalism)   Overseas: Korea/Haiti/Honduras (Both Prior service)   Combat: Afghanistan (060227-080208 Post Service)
Decorations/Awards: AAM-3, ARCAM, GWOTSM, KDSM, AFSM, ASR, ARCOTR 

V.  Post-Discharge Activity
City, State:  Sacramento, CA 
Post Service Accomplishments: The applicant enlisted in the Army National Guard State of Arkansas for one (1) year (041129), subsequently ordered to active duty, served a combat tour in Afghanistan and received the following awards:  ARCOM, ACM-W/CS, AAM, OSR, AFRM-W/"M" DEV; and issued an honorable discharge.


VI.  Facts, Circumstances, and Legal Basis for Separation

       a.  Facts and Circumstances:
       The complete facts and circumstances leading to the applicant's discharge from the United States Army Reserve are not contained in the available records.  On 15 January 2004, the Commander 19th Theater Support Command, Taegu, Republic of Korea, initiated elimination action under provisions of Chapter 4, paragraph 4-20, AR 600-8-24, by reason of misconduct, and moral or professional dereliction, with a general, under honorable conditions discharge.
       
       On 12 February 2004, the applicant submitted her response to the initiation of elimination proceedings, and the Commander 19th Theater Support Command after reading the applicant's response was persuaded to terminate the elimination action based on the rehabilitation plan drafted by the applicant's senior commander involving her REFRAD request and acceptance in the 431st Civil Affairs Battalion.
        
       On 27 February 2004, the applicant requested voluntary release from active duty under provisions of Chapter 2, paragraph 2-5, AR 600-8-24, due to receiving punishment under Article 15 for fraternizing, adultery, and conduct unbecoming an officer.
       
       On 4 March 2004, under provisions of Chapter  2 paragraph 2-6, AR 600-8-24, the Commander 19th Theater Support Command recommended approval of the applicant's request for voluntary release from active duty, with a general, under honorable conditions discharge.  The memorandum was addressed and forwarded to the Commander, PERSCOM.  However, the evidence of record does not indicate that the request was approved at PERSCOM, which would have been the separation approving authority.
       
       Further the evidence of record shows that a properly constituted DD Form 214, (Certificate of Release or Discharge from Active Duty), was issued and authenticated by the applicant's signature.  That DD Form 214 indicates that the applicant was discharged under the provisions of Chapter 4, paragraph 4-2b, AR 600-8-24, by reason of unacceptable conduct, with a general, under honorable conditions discharge.  Furthermore, the DD Form 214 shows a Separation Code of JNC (i.e., unacceptable conduct).
       
       On 16 August  2004, DA, HQS, I Corps and Fort Lewis, Military Personnel Division, Fort Lewis, WA, issued Orders 229-0004, discharging the applicant from the United States Army Reserve, effective date:  24 September 2004.
       
       The applicant's record contains a Reprimand imposed as Non-Judicial Punishment Under Article 15, UCMJ, for conduct unbecoming an officer dated, 16 December 2003.
       
       The applicant's record contains a Military Police Report dated, 4 December 2003, with additional subjects, related to the report.

       b.  Legal Basis for Separation:  
       Army Regulation 600-8-24 sets for the basic authority for Officer Transfers and discharges.  Chapter 4 outlines the policy and procedure for the eliminating of officers from the active Army for substandard performance of duty, misconduct, moral or professional dereliction, and the interest of national security.

       c.  Response to Issues, Recommendation and Rationale:  
       After a careful review of all the applicant’s available records for the term of service under review, the issues and documents submitted with the application, the analyst found no mitigating factors that would merit a change to the applicant's narrative reason for discharge.  The applicant’s record is void of the complete facts and circumstances concerning the events that led to a discharge from the United States Army Reserve.
       
       However, the applicant’s record does contain a properly constituted DD Form 214 (Certificate of Release or Discharge from Active Duty), which was authenticated by the applicant's signature.  This document identifies the reason and characterization of the discharge and the analyst presumed government regularity in the discharge process.  
       
       That DD Form 214 indicates that the applicant was discharged under the provisions of Chapter 4, AR 600-8-24, by reason of unacceptable conduct, with a characterization of service of general, under honorable conditions.  Barring evidence to the contrary, 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.  Furthermore, the analyst noted the applicant's issues as listed below from (1-5b);
       
       Issue (1) Rejected.  The narrative reason for separation is governed by specific directives.  The applicant was discharged under the provisions of Chapter 4, paragraph 4-2a, 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 "JNC."  
       
       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.
       
       Further, the applicant contends that she was released from active duty (REFRAD), when stating that her request for voluntary release from active duty was approved.  The evidence of record shows that on 4 March 2004, under provisions of Chapter  2 paragraph 2-6, AR 600-8-24, the Commander 19th Theater Support Command recommended approval of the applicant's request for voluntary release from active duty, with a general, under honorable conditions discharge.  However, the record shows that the applicant was not (REFRAD), but was discharged from the service with a general, under honorable conditions discharge and subsequently joined the Army National Guard.
       
       Issue (2) Rejected.  The applicant contends that her separation (SPD) code should be changed to 'MND" with a narrative reason of "Miscellaneous/General Reasons."   As stated in issue (1), 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.
       
       Issue (3) Rejected. The applicant contends after her discharge, she was still committed to the military and reenlisted in the  Army National Guard.  In review of the applicant’s available service record during the period of enlistment under review, the analyst considered all of the applicant's faithful and honorable service, to include her post service accomplishments (i.e., joined the Army National Guard as a NCO, two deployments and numerous awards).  However, the analyst concluded that the discrediting entries in the applicant's record were not outweighed by prior or subsequent service of sufficient merit to warrant an upgrade of the discharge being reviewed.
       
       Issue (4) Rejected.  The applicant contends that she was able to continue her duties and received an OER with no negative remarks.  The applicant is to be commended for her efforts in achieving such an OER mentioned in her issues.  However, this accomplishment in itself does not provide the Board a basis upon which to grant relief. 
       
       Issue (5a) Rejected. The applicant contends that a change in her separation (SPD) code and narrative reason for discharge is necessary to join the Active Guard Reserve.  If the applicant desires to join the service, she should contact the local recruiter to determine her eligibility to enlist.  Those individuals can best advise a former service member as to the needs of the Army at the time. 
       
       Issue (5b) Rejected.  The applicant contends that her actions almost six years ago should not prevent her from entering the AGR Program.  The analyst concluded that the applicant committed many discrediting offenses, which constituted a departure from the standards of conduct expected of Soldiers in the Army.  The applicant, as an officer , had the duty to support and abide by the Army's rules and regulations.  By her misconduct, the applicant knowingly risked a military career, and diminished the quality of her service below that meriting a fully honorable discharge.   
       
       The analyst determined that the applicant’s Official Military Personnel File (OMPF) does not contain all the specific documents that would indicate the reason for the separation action from the United States Army.  If the applicant desires to appear before a personal appearance Board, the burden of proof remains with the former Soldier to provide the appropriate documents or other evidence sufficient to explain the facts, circumstances, and reasons underlying the separation action, for the Board’s consideration.
       
       Therefore, the analyst determined the reason for discharge and the characterization of service, to include the separation (SPD) code was both proper and equitable and recommends to the Board to deny relief. 

VII.  Summary of Army Discharge Review Board Hearing

Type of Hearing: 		Date: 5 May 2010         Location: Washington, DC

Did the Applicant Testify?  Yes     No  

Counsel: NA

Witnesses/Observers: NA 

Exhibits Submitted: DD Form 214, dated (040924); Memorandum requesting Refrad, dated (040227); Memorandum approving Refrad, six (6) character statements; Enlistment Contract, dated (041129); Current RPAS; DD Form 214, dated (090213);  four (4 ) AAMs, dated (080214), (021124), (001210), (9891213); Letter of Commendation; Letter of  Appreciation; three (3) NCOERs, dated (0509), (061130), (071130); two (2) DA Form 1059s, dated (051209), (030613); two (2) Certificates of Training; Certificate of Appreciation (Haiti); Certificate CLS; OER, dated (030521); Memorandum of Record for award of the ARCOTR (Honduras), dated (000922).  

VIII.  Board Discussion, Determination, and Recommendation
After carefully examining the applicant’s record of service during the term of service under review and considering the analyst’s recommendation and rationale, the Board determined that the narrative reason for discharge and the characterization fo service, to include the separation (SPD) code 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: None






Legend:
AWOL    	Absent Without Leave		GCM   General Court Martial	NA   Not applicable			SCM	Summary Court Martial
BCD   	Bad Conduct Discharge	GD      General Discharge	NIF   Not in the file			SPCM	Special Court Martial
CG 	Company Grade Article 15	HD      Honorable Discharge	OAD   Ordered to Active Duty		UNC	Uncharacterized Discharge  
DD 	Dishonorable Discharge	HS       High School Graduate	OMPF   Official Military Personnel File	UOTH  	Under Other Than Honorable 
FG	Field Grade Article 15		IADT   Initial Active Duty Training	RE     Reentry Code				Conditions 

ARMY DISCHARGE REVIEW BOARD - CASE REPORT AND DIRECTIVE

Case Number AR20090011610
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