Applicant Name:  ?????

Application Receipt Date: 2010/01/15	Prior Review:     Prior Review Date: NA     

I.  Applicant Request:  Upgrade     Reason Change     RE Code Change    

Issues: The applicant states:  "I served in the US Army for seven years. I have had two deployments to Iraq during that period.  On my last deployment I got injured, followed by a back surgery.  In the present, I'm disabled to work and unable to sustain my family.  The only help I might have is the VA benefits.  In order to receive said help, my discharge characterization has to Change to General Under Honorable conditions or Honorable.  I believe that my discharge was excessive and unfair.  My military record (Attached) will demonstrate that I have served my country with dignity and honor, regardless of what one or two people might think.  Unfortunately for me, these people had the power to decide my future In the Army, careless on my future or my family.  I beg for an opportunity to review my case having in mind everything that I have done for this country.  I and my family already paid a big price for my own mistakes in the Army.  The characterization I received in my discharge is excessive, unfair, and will keep destroying me, my family, and my future.  I just want to have the opportunity to open a new book in my life and feel proud of all the good things I have done for this world in war.  I know the Army takes care of their Soldiers and I am a Veteran in need of help and support."

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: 090709
Discharge Received: 			   Date: 091006   Chapter: 4-2b    AR: 600-8-24
Reason: Unacceptable Conduct	   RE:     SPD: JNC   Unit/Location: Rear Det, 28th Transp Bn, Mannheim, GE 

Time Lost: None

Article 15s (Charges/Dates/Punishment): 090420, disobeyed the lawful order of a commissioned officer (081110), dereliction of duty (081109), with intent to deceive provided false statements on two occasions (081020 and 081110), had an inappropriate relationship with the wife of a deployed Soldier (080601-081110), forfeiture of $2,000 for two months, written reprimand (GO)

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

Counseling Records Available: Yes    No 

IV.  Soldier’s Overall Record
Age at current enlistment:  26
Current ENL Date: 020828    Current ENL Term: 8 Years  ?????
Current ENL Service: 	07 Yrs, 01Mos, 10Days ?????
Total Service:  		07 Yrs, 01Mos, 10Days ?????
Previous Discharges: 	None
Highest Grade: O-3		Performance Ratings Available: Yes    No 
MOS: Transportation Corps   GT: NA   EDU: BA   Overseas: SWA, Germany   Combat: Iraq (060123-070325)
Decorations/Awards: BSM, ARCOM, AAM, JMUA, NDSM, GWOTEM, GWOTSM, ICM w/CS, ASR, OSR, CAB

V.  Post-Discharge Activity
City, State:  ?????
Post Service Accomplishments: None listed

VI.  Facts, Circumstances, and Legal Basis for Separation

       a.  Facts and Circumstances:
       The evidence of record shows that on 13 April 2009, the applicant was notified of initiation of elimination proceedings under the provisions of Chapter 4, paragraph 4-2b and 4-2c, AR 600-8-24, by reason of misconduct, moral or professional dereliction.  
       
       The applicant was directed to show cause for retention in the Army for making false statements on two occasions (081110), disobeying the lawful order of a commissioned officer (081119), having an inappropriate relationship with the wife of a deployed Soldier (080601-081201), dereliction in the performance of his duties (080201-081201) by failing to maintain accountability of ammunition which resulted in the loss of 1,320 rounds of 5.56 mm ball rounds, receiving an Article 15 for the listed offenses (090401), and for being relieved from his command (090413).  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 26 June 2009, the applicant consulted with legal counsel, was advised of the impact of the discharge action, voluntarily waived consideration of his case by a Board of Inquiry contingent upon him receiving a characterization of service no less favorable than general, under honorable conditions and did not submit a statement in his own behalf.  The GCMCA disapproved the conditional waiver request and directed a Board of Inquiry.
       
       On 1 July 2009, the applicant appeared, with counsel, before a Board of Inquiry (Show Cause Board).  The Board found the allegations were supported by the evidence and warranted separation.  The Board recommended separation with an under other than honorable conditions discharge.  
       
       On 15 September 2009, the Department of the Army Ad Hoc Review Board recommended the applicant’s elimination from the Army with issuance of an under other than honorable conditions discharge.  
       
       On 17 September 2009, the Deputy Assistant Secretary (Army Review Boards) approved the recommendation of the Army Ad Hoc Review Board and directed the applicant be discharged with a characterization of service of under other than honorable conditions.  
       
       The record contains a GOMOR and an AR 15-6 Investigation dated 21 November 2008.

       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, and 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 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, under honorable conditions 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.  
       
       The applicant contends that his discharge was disproportionate and unfair as the investigators were pressured by superior officers within his chain of command.  However, after a thorough review of the applicant’s record, the analyst found no evidence of arbitrary or capricious actions by the command and was satisfied that all requirements of law and regulation were met and the rights of the applicant were fully protected throughout the separation process.  
       The analyst acknowledges the applicant's in service accomplishments and his two combat tours as stated in his application.  However, the analyst did not find the said issue sufficiently mitigating to warrant an upgrade of the discharge under review.  The applicant’s service was marred by several incidents of misconduct, dereliction of duties, and an inappropriate relationship with the wife of a deployed Soldier.
       
       Furthermore, the record does not support the issue that the applicant suffers from Post Traumatic Stress Disorder and no evidence to support it has been submitted by the applicant, that the discharge was the result of any medical condition.  
       
       Further, eligibility for veteran's benefits to include medical and 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.
       
       Therefore, the analyst determined the reason for discharge and the characterization of service were both proper and equitable and recommends to the Board to deny relief. 

VII.  Summary of Army Discharge Review Board Hearing

Type of Hearing: 		Date: 15 October 2010         Location: Washington, DC

Did the Applicant Testify?  Yes     No  

Counsel: None

Witnesses/Observers: NA 

Exhibits Submitted: Awards of BSM, ARCOM, and JMUA, Statement of Service in Iraq, a self-authored statement and three certificates of achievement.

VIII.  Board Discussion, Determination, and Recommendation
After carefully examining the applicant’s record of service during the period of enlistment under review 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: NA
Other: NA										
RE Code: 
Grade Restoration:   No   Yes   Grade: NA

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 AR20100006954
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