Applicant Name:  ?????

Application Receipt Date: 2012/05/21	Prior Review:     Prior Review Date: NA     

I.  Applicant Request:  Upgrade     Reason Change     RE Code Change    

Issues: The applicant states, in effect, that she requests an upgrade to her discharge and a change to the narrative reason for separation.  The applicant states that she was separated on a one time disciplinary issue in reprisal for an equal opportunity complaint she filed.  She was a victim of injustice because she was not given the opportunity to complete her medical discharge.  

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: 110915
Discharge Received: 			   Date: 120112   Chapter: 4-2b     AR: 600-8-24
Reason: Unacceptable Conduct	   RE:     SPD: JNC   Unit/Location: C Company, 304th Military Intelligence Battalion, Fort Huachuca, AZ  

Time Lost: None

Article 15s (Charges/Dates/Punishment): 111028,  disobeying a lawful command (110715 - 110718), wrongfully and dishonorably having an inappropriate relationship with a married man (110601 and 110701), providing a false official statement (110715), wrongfully impeding an investigation (110715), forfeiture of $1,392 x two months (one month suspended pay) (GO).

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

Counseling Records Available: Yes    No 

IV.  Soldier’s Overall Record
Age at current enlistment:  24
Current ENL Date: 110210    Current ENL Term: Indef Years  ?????
Current ENL Service: 	00 Yrs, 11 Mos, 03 Days ?????
Total Service:  		00 Yrs, 17 Mos, 29 Days ?????
Previous Discharges: 	IADT 100714-110209/NA  (Continuous honorable service)
Highest Grade: O-1		Performance Ratings Available: Yes    No 
MOS: None   GT: NA   EDU: College Grad   Overseas: None   Combat: None
Decorations/Awards: NDSM, GWOTSM

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 15 September 2011, 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 for a series of substantiated derogatory activity resulting in a General Officer Article 15  and conduct unbecoming an officer (110908).  She was advised that she could submit a voluntary resignation in lieu of elimination or submit a rebuttal.  On 11 October 2011, the applicant submitted a statement on her own behalf.
       
       The Army Ad Hoc Review Board reviewed the found that the applicant committed an act of personal misconduct by a series of substantiated derogatory activity and that she engaged in conduct unbecoming an officer.  The Board recommended separation with a general, under honorable conditions discharge. 
       
       On 29 December 2011, 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 general, under honorable conditions.  
       
       The record contains a 15-6 Investigation, dated 2 August 2011.  

       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 issues and documents she 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 her service was not consistent with the Army's standards for acceptable personal conduct and performance of duty by Army officers.  By her misconduct, the applicant diminished the quality of her 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 contention that this was a one time disciplinary issue in reprisal for an equal opportunity complaint she filed.  Even though a single incident, the discrediting entry constituted a departure from the standards of conduct expected of officers in the Army.  The applicable Army regulation states that there are circumstances in which the conduct or performance of duty reflected by a single incident provides the basis for a characterization.  The analyst having examined all the circumstances determined that the applicant's single incident of misconduct did indeed adversely affect the quality of her service, brought discredit on the Army, and was prejudicial to good order and discipline.  This single incident of misconduct clearly diminished the quality of the applicant's service below that meriting a honorable discharge.
       
       
       
       
       
       The applicant also contends that her discharge was unjust because she was not gi ven the opportunity to complete her medical discharge.  However, there is a presumption of regularity in the conduct of governmental affairs that shall be applied in any review unless there is substantial credible evidence to rebut the presumption.  The applicant bears the burden of overcoming this presumption through the presentation of substantial and credible evidence to support his issue.  There is no evidence in the record, nor has the applicant produced any evidence to support the contention that he was unjustly discriminated.   In fact, the applicant’s Article 15 and numerous negative counseling statements justify a pattern of misconduct.  The applicant’s statements alone do not overcome the government’s presumption of regularity and she has not provided any documentation or further evidence in support of her request for an upgrade of her discharge.   
       
       Moreover, the applicant contends that the narrative reason for her discharge should be changed.  However, the applicant was separated under the provisions of Chapter 4, paragraph 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
       
       Furthermore, the applicant contends that she should have been medically discharged; however, the analyst determined that Army Regulation 600-8-24, in pertinent part, stipulates that commanders will not take action to separate officers for a medical condition to spare an officer who may have committed serious acts of misconduct
       
       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: 12 October 2012         Location: Washington, DC

Did the Applicant Testify?  Yes     No  

Counsel: NA

Witnesses/Observers: NA 

Exhibits Submitted: DD For 293, DD Form 214, and copies medical records with a physical examination.


















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: 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 AR20120010232
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