Applicant Name:  ?????

Application Receipt Date: 2009/11/02	Prior Review:     Prior Review Date: NA     

I.  Applicant Request:  Upgrade     Reason Change     RE Code Change    

Issues: The applicant states, in effect, that his discharge was inequitable because it was based on one isolated incident in 48 months of service with no other adverse action. It is with deep regret that in a moment of a poor decision, one night that he experimented with the use of a controlled substance (marijuana) and failed a drug test the next day. 

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: 951027   Chapter: 4       AR: 635-120
Reason: Unacceptable Conduct	   RE:     SPD: BNC   Unit/Location: Headquarters, Division Support Command, 24th Infantry Division (Mechanized), Fort Stewart, GA 

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:  24
Current ENL Date: OAD/880701    Current ENL Term: 4 Years  ?????
Current ENL Service: 	7 Yrs, 3 Mos, 27 Days ?????
Total Service:  		7 Yrs, 5 Mos, 14 Days ?????
Previous Discharges: 	USAR/Cadet 860724-880513/NA
                                       USAR 880514-880630/NA
                                          (continued service)
Highest Grade: CPT		Performance Ratings Available: Yes    No 
MOS: 67J Aeromedical Evac Officer/67B Field Med Asst   GT: NA   EDU: Coll Grad   Overseas: Southwest Asia   Combat: Kuwait (dates-NIF)
Decorations/Awards: MSM, AAM (2), MUC, NDSM, SWASMDLw/2BSS, KLMDL, EFMB, ASR

V.  Post-Discharge Activity
City, State:  ?????
Post Service Accomplishments: The applicant stated that he has experienced exemplary post-service conduct and has advanced rapidly to positions of increasing responsibility. 

VI.  Facts, Circumstances, and Legal Basis for Separation

       a.  Facts and Circumstances:
       The applicant’s record is void of the complete facts and circumstances concerning the events which led to the applicant's discharge from the Army.  However, the evidence of record shows that on 6 October 1995, the Commander PERSCOM, Alexandria VA, TAPC-PDT-PM; addressed a Message to the Commander, 24th Infantry Division, Fort Stewart, GA; in reference to the applicant's resignation in lieu of elimination, indicating that it was approved; citing this message and under the provisions of Chapter 4, AR 635-120, by reason of (misconduct, moral or professional), which at the time was unacceptable conduct, and directed issuance of a general, under honorable conditions discharge.  On 13 October 1995, the applicant acknowledged that he was notified of the message from Commander, PERSCOM, advising the Commander, 24th Infantry Division that his resignation in lieu of elimination was accepted. 
       
       Further, the record contains a properly constituted DD Form 214 (Certificate of Release or Discharge from Active Duty), which was authenticated by the applicant’s signature.  The DD Form 214 indicates the applicant was discharged under the provisions of Chapter 4, AR 635-120, by reason of unacceptable conduct, with a characterization of service of general, under honorable conditions.  Furthermore, the DD Form 214 shows a Separation Code of BNC (i.e., unacceptable conduct). 
       
       The applicant's resigned from the service under the provisions of Chapter 4, AR 635-120, in lieu of elimination; the chain of commands recommendation for approval of the resignation in lieu of elimination; the Ad Hoc Review Board recommendation and the final approval by the Deputy Assistant Secretary (Army Review Boards) documentation; are not part of the available record and the analyst presumed government regularity in the discharge process.  On 16 October 1995, DA, HQ, 24th Infantry Division (Mechanized), Fort Stewart, GA, issued Orders 289-29, discharging the applicant from the Regular Army with an effective date of: 27 October 1995.   

       b.  Legal Basis for Separation:  
       Army regulation 635-120 sets forth the basic authority for the separation of officer personnel.  Under the provisions of Chapter 4, an officer may submit a resignation for the good of the Service when court-martial charges are preferred against the office or while under suspended sentence to dismissal under the reasons outlined in AR 635-100, paragraph 5-11a(7).  Army policy states that although an honorable or general discharge is authorized, a discharge under other than honorable conditions is normally considered appropriate. 

       c.  Response to Issues, Recommendation and Rationale:  
       After a careful review of all the applicant’s military records, the issue, and documents he submitted with the application, the analyst found no mitigating factors which would merit an upgrade of the applicant's discharge under review.  There was a full consideration of all faithful and honorable service as well as the infraction of discipline, the extent thereof, and the seriousness of the offense. 
       
       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 corroborating evidence demonstrating that either the command's action was erroneous or that the applicant’s service mitigated the misconduct or poor duty performance.  
       
       Further, the analyst noted the applicant's issue that his discharge was inequitable because it was based on one isolated incident in 48 months of service with no other adverse action.  Even though the applicant’s misconduct resulted from a single incident, the analyst concluded that the discrediting entry constituted a departure from the standards of conduct expected of officers in the Army. 
       
       Having examined all the circumstances, the analyst determined that the applicant's single incident of misconduct did indeed adversely affect the quality of his service, and was prejudicial to good order and discipline.  This single incident of misconduct clearly diminished the quality of the applicant's service below that meriting a fully honorable discharge. 
       
       The narrative reason for separation is governed by specific directives.  The applicant was discharged under the provisions of Chapter 4, AR 635-120.  The narrative reason specified by Army Regulations for a discharge under this paragraph is "Unacceptable Conduct)," and the separation code is "BNC."  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 the 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.  There is no provision for any other reason to be entered under this regulation.  The applicant was not assigned a reentry eligibility (RE) code on his DD Form 214, block 27.  Readmission or reappointment is determined by the reason for separation.  
       Additionally, the analyst acknowledges the applicant's successful transition to civilian life and the many accomplishments outlined in his application and in the documents with his application.  However, in review of the applicant’s entire service record, the analyst found that these accomplishments did not overcome the reason for discharge and the characterization of service granted.  
       In view of the foregoing, the analyst determined that the reason for discharge and the characterization of service 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: 13 September 2010         Location: Washington, DC

Did the Applicant Testify?  Yes     No  

Counsel: None

Witnesses/Observers: None 

Exhibits Submitted: DD Form 293 dated 20 October 2009, a copy of his Resume; DD Form 214 for the period of service ending 27 October 1995, OER's (8); ORB; Letters addressed to the Virginia National Guard with various dates (3), copy of his Employee Performance Excellence Documentation, summary period: from November 1995 to October 1996, and a self authored statement dated 5 August 2010.  

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: No Change										
RE Code: 
Grade Restoration:   No   Yes   Grade: No Change








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 AR20090019263
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