Applicant Name:  ?????

Application Receipt Date: 2010/04/29	Prior Review:     Prior Review Date: NA     

I.  Applicant Request:  Upgrade     Reason Change     RE Code Change    

Issues: The applicant states:  "I served in the Army for 14 years without a single disciplinary incident. I was deployed in support of the Iraqi theater of operations four times over my Army career. In 2010, while deployed to Iraq, I engaged in and confessed to having an inappropriate relationship. I submitted an unconditional resignation and received an Other Than Honorable discharge for Fraternization.  The punishment was deserved but it does not nullify the previously-served periods to my Country. During this time period, I was diagnosed as having post traumatic stress disorder as well as suffering from depression that began after my second tour to Iraq when my mother passed away due to congestive heart failure at the age of 48. I was scheduled to receive medical treatment but due to rapid deployments I was unable to proceed and follow through with my appointments. Emotionally and mentally I was unstable during this time and what seemed as an innocent relationship escalated to a point never conceived imaginable. Since my discharge, I have received both medical and spiritual assistance that has greatly helped me to overcome the incidents I witnessed over the course of my deployments that involved loosing Soldiers/comrades as well as the sudden death of my mother. I am requesting that my discharge be upgraded to Honorable as I have learned from the mistakes I have made and would like to continue serving my Country in the National Guard, the National Guard Reserves, or in the capacity of a civilian."

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: 090904
Discharge Received: 			   Date: 100114   Chapter: 4-2b    AR: 600-8-24
Reason: Unacceptable Conduct	   RE:     SPD: JNC   Unit/Location: HHC, 1st Air Cav Bde, Fort Hood, TX 

Time Lost: None

Article 15s (Charges/Dates/Punishment): 090822, on divers occasions, between 1 May 2009 and 14 July 2009, violated General Order Number 1 by wrongfully allowing SPC H, a woman not his wife, to enter his living quarters, wrongfully having sex with a married woman, fraternization, and wrongfully using a government computer, forfeiture of $2,132.00 for two months (suspended), 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 Entry Date: 040622    Current ENL Term: 6 Years  ?????
Current Service: 	05 Yrs, 06Mos, 23Days ?????
Total Service:  		13 Yrs, 07Mos, 14Days ?????
Previous Discharges: 	RA 960531-990301/HD     
                                       RA 990302-010503/HD
                                       RA 010504-040621/HD 
Highest Grade: W-2		Performance Ratings Available: Yes    No 
MOS: 350F/All Sources Intel   GT: NA   EDU: AA   Overseas: SWA   Combat: Iraq x 3 (041221-050904, 061004-071224, 090420-091121)
Decorations/Awards: BSM, ARCOM-2, JSAM, AAM-2, VUA, NDSM-2, ICM/2CS, AGCM-2, GWOTEM, GWOTSM, NCOPDR, ASR, OSR-3, CAB
V.  Post-Discharge Activity
City, State:  Sierra Vista, AZ
Post Service Accomplishments: None listed

VI.  Facts, Circumstances, and Legal Basis for Separation

       a.  Facts and Circumstances:
       The evidence of record shows that on 4 September 2009, 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.  
       
       The applicant was directed to show cause for retention in the Army after receiving a GO Article 15 for wrongfully allowing a woman not his wife to enter his living quarters on multiple occasions and in violation of GO #1, for wrongfully having sexual intercourse with a woman not his wife on multiple occasions, for fraternizing with an enlisted Soldier and for conduct unbecoming.  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 2 October 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 honorable.  
       
       On 9 October 2009, the CG, 1st Cavalry Division, recommended disapproval of the conditional waiver request and requested a Board of Inquiry.  
       
       On 26 October 2009, the applicant again consulted with legal counsel, was advised of the impact of the discharge action, unconditionally waived his right to a Board of Inquiry, and did not submit a statement in his own behalf. 
       
       On 22 December 2009, the Deputy Assistant Secretary (Army Review Boards) reviewed the recommendation of the Army Ad Hoc Review Board and directed the applicant’s discharge with a characterization of service of under other than honorable conditions.   
       
       The record contains an AR 15-6 Investigation and a GOMOR dated 22 August 2009.

       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 the applicant’s military records, and the issue, 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 repeated incidents of 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 repeated incidents of misconduct.  
       
       The applicant contends that he had over 14 years of good service without any misconduct and that he served in Iraq on four occasions.  The analyst acknowledges the applicant’s in-service accomplishments and considered the quality of his service during the initial portion of the period under review.  However, this service was determined not to be sufficiently mitigating to warrant an upgrade to the characterization of discharge as shown by the repeated incidents of misconduct and the documented actions under Article 15 of the Uniformed Code of Military Justice.
       
       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.  
       
       Accordingly, the analyst determined that the reason for discharge and characterization of service were both proper and equitable and recommends to the Board that relief be denied.
       

VII.  Summary of Army Discharge Review Board Hearing

Type of Hearing: 		Date: 2 February 2011         Location: Washington, DC

Did the Applicant Testify?  Yes     No  

Counsel: None

Witnesses/Observers: NA 

Exhibits Submitted: DD Form 293, DD Form 214, OERs, NCOERs, AERs, awards, certificates of training, certificates of achievement, certificates of completion, letters of recommendation, diplomas, other awards and certificates.

VIII.  Board Discussion, Determination, and Recommendation
After carefully examining the applicant’s record of service during the period of enlistment under review and notwithstanding the analyst’s recommendation and rationale, the Board determined that the characterization of service was too harsh, and as a result it is inequitable.  The Board determined that the overall length and quality of the applicant’s service, to include his three combat tours, mitigated the discrediting entries in his service record.  Accordingly, the Board voted to grant partial relief in the form of an upgrade of the characterization of service to general, under honorable conditions.  However, the Board determined that the reason for discharge was proper and equitable and voted not to change it.  
        
IX.  Board Decision						
	XI.  Certification Signature
Board Vote:  							          Approval Authority:	
Character - Change 4    No change 1
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 AR20100014256
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