Applicant Name:  ?????

Application Receipt Date: 2012/03/09	Prior Review:     Prior Review Date: NA     

I.  Applicant Request:  Upgrade     Reason Change     RE Code Change    

Issues: The applicant states, in effect, that he has taken advantage of his time while serving over five years in prison by taking counseling services, education courses and he has read many books that has helped him to identify and reconcile his lack of understanding of his impact on the victims, community and family.  He has used the opportunity to change his thinking and identify his errors in the choices he has made.  It is his hope to be a respected and trusted member of the community and move forward and continue his reintegration into his community for the benefit of those around him.  During his service to the country for eight years, he regret the one incident that led to his discharge after leaving the Navy while just after entering the Army.   

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: 071126   Chapter: 4-2b       AR: 600-8-24
Reason: Unacceptable Conduct	   RE:     SPD: JNC   Unit/Location: HQ&HQ Battery, 3rd Battalion, 6th Air Defense Artillery Brigade, fort Bliss, TX 

Time Lost: Civil confinement, (061012-071126), 410 days. 

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:  29
Current ENL Date: 051207    Current ENL Term: 8 Years  ?????
Current ENL Service: 	0 Yrs, 10  Mos, 5  Days ?????
Total Service:  		9 Yrs, 0  Mos, 5  Days ?????
Previous Discharges: 	USN 971007-051006/HD
                                       USAR 051007-051206/NA
Highest Grade: WO1		Performance Ratings Available: Yes    No 
MOS: 003A0 Student   GT: NIF   EDU: HS Grad   Overseas: None   Combat: None
Decorations/Awards: NAMDL, NGCMDL (2), NDSM, GWOTSM, ASR, NSSDR

V.  Post-Discharge Activity
City, State:  ?????
Post Service Accomplishments: The applicant submitted ten certificates of completion of college courses, residential treatment, landscape management classes, leadership principle course and certificates of achievement with various dates.





VI.  Facts, Circumstances, and Legal Basis for Separation

       a.  Facts and Circumstances:
       The evidence of record shows that on 11 December 2006, the applicant was notified of initiation of elimination proceedings under the provisions of Chapter 4, paragraph 4-2b(4), (5), (8), AR 600-8-24, by reason of misconduct, moral or professional dereliction.  
       
       The applicant was directed to show cause for retention in the Army because he paid for, downloaded, viewed and saved over ten thousand pornographic images of sexually exploited children.  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 4 September 2007, the applicant having been informed that he was being considered for elimination, requested discharge from the Army under the provisions of AR 600-8-24, Chapter 4, in lieu of further elimination proceedings and waived his right to appear before a board of officers.  The applicant submitted a statement in his own behalf.
       
       On 26 September 2007, the trial counsel (CPT, JA) indicated in his memorandum that the applicant's chain of command recommended elimination with an under other than honorable conditions discharge.  On 28 September 2007, the Major General, USA Commanding, Fort Bliss, Texas; as the officer exercising general court-martial jurisdiction reviewed the statement and waiver submitted by the applicant and recommended approval of the elimination of the applicant from the Army with a characterization of service as under other than honorable conditions.   The Ad Hoc Review Board recommended the applicant’s elimination be accepted with issuance of an under other than honorable conditions discharge.  On 31 October 2007, the Deputy Assistant Secretary (Army Review Boards) approved 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 a CID Report of investigation dated 7 September 2006, in reference to the applicant's offense of possession of child pornography.   

       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, 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 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 analyst noted the applicant's issue that he has taken advantage of his time while serving over five years in prison by taking counseling services, education courses and he has read many books that has helped him to identify and reconcile his lack of understanding of his impact on the victims, community and family.  The analyst acknowledges the applicant's successful transition to civilian life and noted the many accomplishments outlined in his application and in the documents with his application.  The applicant is to be commended for his efforts.  However, there was a full consideration of all faithful and honorable service as well as the infractions of discipline, the extent thereof, and the seriousness of the offenses.  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 and these accomplishments do not provide the Board a basis upon which to grant relief.  
       
       Therefore, the analyst recommends to the Board that the reason for discharge and the characterization of service remain both proper and equitable.   

VII.  Summary of Army Discharge Review Board Hearing

Type of Hearing: 		Date: 22 August 2012         Location: Washington, DC

Did the Applicant Testify?  Yes     No  

Counsel: None

Witnesses/Observers: NA 

Exhibits Submitted: DD Form 293 dated 6 March 2012; ten certificates of completion of college courses, residential treatment, landscape management classes, leadership principle courses and certificates of achievement with various dates. 

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						
Board Vote:
Character - Change 0    No change 5
Reason -     Change 0    No change 5
(Board member names available upon request)

X.  Board Action Directed
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

XI.  Certification Signature
Approval Authority:


ARCHIE L. DAVIS III
Colonel, U.S. Army
President, Army Discharge Review Board


BONITA E. TROTMAN
Lieutenant Colonel, U. S. Army
Secretary Recorder
?????



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 AR20120005176
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