Applicant Name:  ?????

Application Receipt Date: 2010/03/29	Prior Review:     Prior Review Date: NA     

I.  Applicant Request:  Upgrade     Reason Change     RE Code Change    

Issues: The applicant states:  "I was given a General Under Honorable Conditions Discharge based on false allegations that my unit was aware of.   Enclosed is my military biography and awards for the past 28 years, including my deployment to Iraq in 2005-2006, that illustrate I am a good soldier, and was unjustifiably reduced in rank, and given GUHC discharge.  In addition to the NCOERs, and letter from LTC D., it is important to note that not once during my 28 year career, have I received a single Article 15 or letter of reprimand.  I do admit, however, that I struggled over the past decade with stress related to the care and death of my mother who spent over ten years in a nursing home until her death in 2008, and my soon-to-be ex-wife's [redacted] gambling addiction, which I first reported on 03 NOV 02, has cost us over 125k, & resulted in such foolishness as pawing her 17k wedding ring for a mere five hundred dollars.  When I returned from Iraq in 2006, I was horrified that despite certain safety precautions, she had males impersonate me to gain credit, and that she added herself on as a spouse.  She gave them such vital information as SSN, work & ph numbers, my mother's maiden name for security precautions, and vital information regarding our 1040 income tax information for income verification.  I voluntarily went for counseling when this occurred.  The problems began when I was supposed to go to a video conference regarding my relationship w/ [redacted] in Dec 2007 at FT. McCoy, w/Dr. M.L. WRAMC.  I did not know that I was also charged w/sexual harassment, & was accused of threatening my fellow soldiers with IRS audits.  I was never informed that these two topics were to be added, & Dr. L. recommended on 27 DEC 07 that my security clearance should be revoked.  The charges of sexual harassment & IRS audits were completely false.  These false charges were investigated by the 100th DIV & the Treasury Inspector General for Tax Administration (TIGTA) & found to be completely baseless.  The former was done by two female enlisted that my BDE CO reported was "sour grapes," & there was no unprofessional conduct reported by TIGTA.  The recommendation by Dr. L. was based on an unprofessional comment made by SGM T., who lied that I knew about this comment, but turned out to be a joke that had been made by a MSG, who later claimed that was all a joke in the first place.  Dr. L. took this as fact, & thought it was humorous when I contacted TIGTA, not that this was the ethical response.  The IG has claimed that this was wrong, & Dr. L. also did not follow ethical guidelines set by the American Psychologist Association for using allegations as facts.  I later met again w/Dr. L. & his staff in JUN 08, & was told that they would be fair & not bring up these allegations again.  This was not the case, & his second evaluation had nothing to do w/his first recommendation that my security clearance be rescinded.  I had to deal w/further harassment that I threatened to physically harm soldiers, was searched for weapons at battle assembly.  I complained to the 100th IG & received their FOIA.  I faced going before a separation board for not attending USASMA, when my Unit claimed that I called HRC to request my name be dropped, when my CSM K. had actually done that.  I faced going before a Separation Board w/no security clearance, & took a GUHC.  My counsel & I did not know at the time the details, & this all turns out to be nonsensical & unjustifed.   I also wish to submit that my conduct as a Soldier is further enhanced when my military training prevented a taxpayer from commiting suicide, & when I found a young lady's pocket book at a Chicago Bears game.  Therefore, I request that my GUHC be upgraded to Honorable."

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: 10/02/04   Chapter: NIF    AR: 135-178
Reason: NIF	   RE:     SPD: NIF   Unit/Location: HQ, 1-11 MI Bn, Fort McCoy, WI 

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: 000205    Current ENL Term: 8 Years  ?????
Current ENL Service: 	10 Yrs, 00Mos, 00Days ?????
Total Service:  		28 Yrs, 04Mos, 09Days ?????
Previous Discharges: 	USAR 810925-880306/HD
                                       USAR 880317-940311/HD
                                       USAR 940312-000204/HD
Highest Grade: E-9		Performance Ratings Available: Yes    No 
MOS: 96Z50/Intelligence Senior Sergeant   GT: NIF   EDU: COLL Grad   Overseas: SWA   Combat: Iraq (050917-060317)
Decorations/Awards: AAM-3, ARCOM, JSAM,  JMUA

V.  Post-Discharge Activity
City, State:  Park Ridge, ILL
Post Service Accomplishments: None listed

VI.  Facts, Circumstances, and Legal Basis for Separation

       a.  Facts and Circumstances:
       The evidence shows the applicant’s record is void of the specific facts and circumstances concerning the events that led to his discharge from the Army.  The record indicates that on 5 January 2010, Department of the Army, Headquarters, 88th Regional Support Command, Fort McCoy, Wisconsin, Orders 10-005-00029, discharged the applicant from the Army Reserve, effective 4 February 2010, with an under other than honorable conditions discharge. 

       b.  Legal Basis for Separation:  
       Army Regulation 135-178 in effect at the time sets forth the basic authority for the separation of enlisted personnel from the United States Army Reserve.  Chapter 7 of this regulation establishes policy and prescribes procedures for separating members for misconduct.  Specific categories include minor disciplinary infractions, a pattern of misconduct, and commission of a serious offense, to include abuse of illegal drugs, and convictions by civil authorities.  Action will be taken to separate a member for misconduct when it is clearly established that rehabilitation is impractical or unlikely to succeed.  Army policy states that an under other than honorable conditions discharge is normally considered appropriate, however, a general, under honorable conditions or an honorable discharge may be granted.  

       c.  Response to Issues, Recommendation and Rationale:  
       After a careful review of all the applicant’s available military records, the issue and documents (57 pages) submitted with the application, the analyst found no mitigating factors that would merit an upgrade of the applicant’s discharge.  
       
       The applicant’s record is void of the specific facts and circumstances concerning the events that led to the former Soldier’s discharge from the Army Reserve.  However, the applicant’s record does contain a properly constituted Discharge Order releasing him from the USAR.  This document identifies the characterization of the discharge and the analyst presumed government regularity in the discharge process.  
       
       The applicant's contentions about his discharge being based upon false allegations were carefully considered.  However, the analyst is unable to determine whether these contentions have merit because the facts and circumstances leading to the discharge are unknown.  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.  If the applicant desires a personal appearance hearing, it will still be his responsibility to meet the burden of proof since the evidence is not available in the official record.
       
       Therefore, based on the available evidence, the analyst presumes government regularity in the discharge process and concludes that it appears that the reason for discharge and the characterization of service were both proper and equitable and recommends to the Board to deny 

VII.  Summary of Army Discharge Review Board Hearing

Type of Hearing: 		Date: 24 June 2010         Location: Chicago, IL

Did the Applicant Testify?  Yes     No  

Counsel: None

Witnesses/Observers: Applicant's spouse and three friends. 

Exhibits Submitted: Self-authored statement, orders and allied military documents, copies of awards, biography, character reference letters, IG letter, medical documents, health evaluation report.  A total of 58 pages in support of his request.  The applicant provided additional documents realted to divorce papers, credit and fraud police report, and FOIA request.

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: 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 AR20100011899
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