Applicant:  Mr.

Application Receipt Date: 2012/09/04	Prior Review:     Prior Review Date: NA     

I.  Applicant Request:  Upgrade     Reason Change     RE Code Change    

Issues: The applicant states, in effect, through counsel that he is requesting an upgrade to honorable and a change to the narrative reason for discharge. He believes there was no misconduct and that the characterization of service is incorrect.

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: 080922
Discharge Received: 			   Date: 090114   Chapter: 4-2b      AR: 600-8-24
Reason: Unacceptable Conduct	   RE:     SPD: JNC   Unit/Location: Combined Task Force Currahee, Combined/Joint Task Force (CJTF)-101, FOB Salerno, Afghanistan APO AF  

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:  35
Current ENL Date: 070322    Current ENL Term: INDEF Years  ?????
Current ENL Service: 	01 Yrs, 11 Mos, 22 Days ?????
Total Service:  		08 Yrs, 06 Mos, 05 Days ?????
Previous Discharges: 	USN     900725 - 960515/HD
                                                ARNG 990608 - 010201/HD
                                                RA       061115 - 070321/HD
Highest Grade: O-1		Performance Ratings Available: Yes    No 
MOS: 67A Health Services   GT: NA   EDU: College Degree   Overseas: SWA   Combat: Afghanistan (080315 - 081220)
Decorations/Awards: AAM, NAM-V, NGCM, NDSM-2, AFEM-2, SWASM2BSS, ACM-CS, GWOTSM, AFSM, ASR, OSR, Navy SSDR, Marine Combat Action Ribbon, MUC

V.  Post-Discharge Activity
City, State:  
Post Service Accomplishments: None



VI.  Facts, Circumstances, and Legal Basis for Separation

       a.  Facts and Circumstances:
       The evidence of record shows that on 22 September 2008, the applicant was notified of initiation of elimination proceedings under the provisions of Chapter 4, paragraphs 4-2b(4), (5), and (8), AR 600-8-24, for acts of intentional omission or misstatement of fact in official statements or records for the purpose of misrepresentation, acts of personal misconduct, and conduct unbecoming an officer.
       
       On 14 May 2008, an investigation was conducted, pursuant to Army Regulation 15-6 into the wounding and eventual deaths of enemy combatants. One of the aspects of the investigation involved MEDEVAC procedures. The Investigating Officer found the applicant showed poor judgment and did not follow published medical evacuation and patient treatment procedures. The Investigating Officer also found the applicant submitted a false sworn statement during the investigation.
       
       On 15 June 2008, an investigation was conducted, pursuant to Army Regulation 15-6, into the facts and circumstances surrounding inappropriate conduct and alleged hostile sexual environment within the Medical Platoon of Charlie Company, 1-61st Cavalry. The Investigating Officer found that there was evidence of a hostile sexual environment to include the sharing stories of past sexual experiences; sexual questions or comments asked about females, and multiple reports of the applicant moving about the medical aid station in a state of undress in front of female Soldiers.  Further, the Investigating Officer found that the applicant was the originator of the sexual/gender tension in the medical platoon.
       
       On 29 October 2008, the applicant requested a discharge in lieu of further elimination action and provided a statement that he could receive an honorable discharge or a general, under honorable conditions characterization of service.
       
       On 4 November 2008, the applicant’s senior commanders reviewed his request for discharge and recommended that it be accepted with a general, under honorable conditions characterization of service.
       
       The Department of the Army Ad Hoc Review Board recommended the applicant’s resignation be accepted with issuance of a general, under honorable conditions discharge.
       
       On 12 December 2008, the Deputy Assistant Secretary (Army Review Boards) approved 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 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:  
       The applicant’s request for an upgrade of the characterization of his discharge was carefully considered.  However, after examining the applicant’s record of service, the documents and the issue submitted with the application, there are insufficient mitigating factors to merit an upgrade of the applicant's discharge.  
       
       The record confirms that 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.  It brought discredit on the Army and was prejudicial to good order and discipline.  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 his service mitigated the unacceptable conduct or poor duty performance.  Further, the applicant’s record contains no evidence of arbitrary or capricious actions by the command.  It appears that all requirements of law and regulation were met and the rights of the applicant were fully protected throughout the separation process. 
       
       The applicant contends the narrative reason for his discharge should be changed.  However, the applicant was separated under the provisions of Chapter 4, 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 reason for discharge and characterization of service being both proper and equitable, recommend the Board deny relief.

VII.  Summary of Army Discharge Review Board Hearing

Type of Hearing: 	Date: 29 July 2013         Location: Washington, DC

Did the Applicant Testify?  Yes     No  

Counsel: Mr. Gary Myers, 78 Clark Mill Road, Weare, NH  03281

Witnesses/Observers: None 

Exhibits Submitted: DD Form 293, discharge certificate from the Army National Guard and US Navy,        3 DD Form's 214 for ending dates 15 May 1996, 21 March 2007 and 14 January 2009, and a CD containing documents pertaining to an investigation.
















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 Discussion and Recommendation which follows, the Board determined the discharge to be proper and equitable and voted to deny relief.

        
IX.  Board Decision						
Board Vote:
Character - Change 2    No change 3
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:




EVELYN M. TORRES
Colonel, U.S. Army
President, Army Discharge Review Board




JOSEPH M. BYERS
Lieutenant Colonel, U. S. Army
Secretary Recorder







Legend:
AMHRR - Army Military Human Resource Record	FG - Field Grade	IADT – Initial Active Duty Training	RE - Reentry
AWOL - Absent Without Leave	GD - General Discharge	NA - Not applicable	SCM- Summary Court Martial
BCD - Bad Conduct Discharge	HS - High School	NIF - Not in File	SPCM - Special Court Martial
CG - Company Grade Article 15	HD - Honorable Discharge	OAD - Ordered to Active Duty	UNC - Uncharacterized Discharge  
CID - Criminal investigation Department	MP – Military Police	OMPF - Official Military Personnel File	UOTH - Under Other Than Honorable 
												Conditions 

ARMY DISCHARGE REVIEW BOARD - CASE REPORT AND DIRECTIVE

Case Number AR20120016554
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