Applicant Name:  ?????

Application Receipt Date: 2012/05/09	Prior Review:     Prior Review Date: NA     

I.  Applicant Request:  Upgrade     Reason Change     RE Code Change    

Issues: The applicant states, in effect, that he was supposed to go to the medical board due to his permanent profile, dated 14 March 2011, for aortic aneurysm and aortic insufficiency.  Therefore, he is requesting to be medically retired or change to honorable.
	In his self-authored statement, he details his medical diagnosis of 3 March 2011 regarding aortic aneurysm that developed and the severity of his heart condition that escalated while on active duty, and received a permanent P3 profile.  He contends that his profile process was not submitted until early 2012 and not when the diagnosis was made; that he is currently on the waiting list for the medical review board.  He is now concerned that his discharge from active duty will cause the medical board to not to proceed.  “Hence, with the severity of [his] heart condition which transpired while defending our Nations freedom, [he is] cordially asking to be medically retired.”  He adds his current status is that he was informed that because he is no longer on active duty, “there is nothing they can possibly do about [his] situation.”  He has since, yet to be successful with trying to get the right assistance but has been given the run around.  The “severity of [his] heart condition has escalated.”  Several doctors have concluded that he should have been medically retired because of life threatening condition and will have to prepare for heart surgery in the near future.  He is cordially asking for the Board’s assistance and expresses his appreciation.

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: 110620
Discharge Received: 			   Date: 110828   Chapter: 4-2b    AR: 600-8-24
Reason: Unacceptable Conduct	   RE:     SPD: JNC   Unit/Location: Headquarters, 4th Brigade (ROTC), U.S. Army Cadet Command, Fort Bragg, NC 

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: 010512    Current ENL Term: Indefinite Years  ?????
Current ENL Service: 	10 Yrs, 03 Mos, 17 Days ?????
Total Service:  		16 Yrs, 09 Mos, 10 Days ?????
Previous Discharges: 	USAR (941119-010511) / NA
Highest Grade: O-3		Performance Ratings Available: Yes    No 
MOS: 13A (Field Artillery, General)   GT: NIF   EDU: 16 Years   Overseas: Korea, SWA   Combat: Iraq (080322-090322)
Decorations/Awards: BSM; ARCOM-3; AAM-2; NDSM; ICM-CS; GWOTSM; KDSM; ASR; OSR-4

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 24 March 2011, the applicant was notified of initiation of elimination proceedings under the provisions of Chapter 4, paragraphs 4--2b(4), 4-2b(5) and 4-2b(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 after having an adulterous relationship with a married cadet during ROTC Summer Advanced Camp while he served as an ROTC instructor at a university (0907-0911); having publicly declared a woman to be his wife, Ms. R, who was actually his ex-wife, and because the command knew that Ms. R had just delivered a baby in a military hospital, the command contacted the defense criminal investigative service who confirmed that Ms. R had inappropriately used TRICARE approximately 54 times since being divorced from him with a total cost to the government of over $14,000.00; having facilitated the unauthorized renewal of his ex-wife’s military dependent ID card, since his divorce in 2005 on two occasions (0601 and 0903); and having made a false official statement on an ID card renewal form (0903), in that, he falsely claimed that he and his ex-wife were still married and that she was his dependent.  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 11 July 2001, the applicant appeared with counsel before a Board of Inquiry (Show Cause Board).  
       
       The Board found that the applicant committed an act of personal misconduct by having engaged in an adulterous relationship with a married cadet between July 2009 and November 2009; facilitated the fraudulent use of TRICARE by his ex-wife; and facilitated an unauthorized renewal of his ex-wife's military dependent indentification card in March 2009.  The Board recommended separation with a general, under honorable conditions discharge.  On 27 July 2011, the Department of the Army Board of Review for Eliminations recommended the applicant’s elimination be accepted with issuance of a general, under honorable conditions discharge.  
       
       On 28 July 2011, the Acting Deputy Assistant Secretary (Army Review Boards) approved the recommendation of the Board and directed the applicant’s discharge with a characterization of service of general, under honorable conditions. 

       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 eliminating an officer from the Army for substandard performance of duty, misconduct, moral or professional dereliction, and in the interest of national security.  AR 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 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 no deviation is authorized.
       
       
       
       
       
       
       
       
       
       
       
       
       
       
       
       
       

       c.  Response to Issues, Recommendation and Rationale:  
       After a careful review of all 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 misconduct, the applicant diminished the quality of his service below that meriting an 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.  
       
       The analyst noted the applicant’s medical issues; as outlined in the documents with his application.  However, in review of the applicant’s entire service record, the analyst found that this medical condition did not overcome the reason for the discharge and characterization of service granted.
       
       The applicant contends that the narrative reason for his discharge should be changed.  However, the applicant was separated under the provisions of Chapter 4-2b, AR 600-8-24 with a general, under honorable conditions discharge.  The narrative reason specified by Army Regulations for a discharge under this paragraph is "Unacceptable Conduct," and the separation code is "JNC."  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 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.  
       
       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: 24 September 2012         Location: Washington, D.C.

Did the Applicant Testify?  Yes     No  

Counsel: None

Witnesses/Observers: None 

Exhibits Submitted:  DD Form 293, dated 5 May 2012 with self-authored statement; DA Form 3349 (Physical Profile), dated 18 March 2011; Record of Medical Care, dated 11 March 2011; 4 Character Reference letters, dated 1 December 2010, 10 December 2010, 20 December 2010, and 18 January 2011; Letter of Recommendation, dated 14 December 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						
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: NA
Other: NA
RE Code: 
Grade Restoration:   No   Yes   Grade: NA

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 AR20120009166
______________________________________________________________________________


Page 1 of 4 pages