Applicant Name:  Mr. 

Application Receipt Date: 2012/11/01	Prior Review:     Prior Review Date: NA     

I.  Applicant Request:  Upgrade     Reason Change     RE Code Change    

Issues: The applicant states, in effect, that at the time of his discharge he was going through hardships with his ex-wife; they were separated but not divorced.  She was living in their apartment off-base while he was restricted to base.  She began to run bills up by not paying them.  Eventually she moved to a different location and did not let him know about the move.  The money he was giving her was paid to the landlord and he was held responsible for them.  He was unaware that the bills were not being paid.  

Because of his marital problems he began to drink excessively which ended up negatively affecting his work.  He went before a show-cause board and was recommended for discharge.

While waiting for the final result of the board he submitted his retirement.  However, because of the still pending show-cause board results his records were flagged and his retirement was not fully processed.  He has since turned his life around and is trying to become stabilized as a civilian.  He is no longer with his ex-wife nor does he have communications with her.  He has tried to become a respectful person in his local community and become successful.  

He would like to respectfully request his discharge be upgraded to retain a more career oriented job and to gain the respect of his family and any employer he works for.

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: 110602   Chapter: 4-2B      AR: 600-8-24
Reason: Unacceptable Conduct	   RE:     SPD: JNC   Unit/Location: Headquarters and Headquarters Detachment, 18th Personnel Services Battalion, Camp Humphreys, Korea 

Time Lost: Confined for a total of 155 days (060518 - 061019).

Article 15s (Charges/Dates/Punishment): None

Courts-Martial (Charges/Dates/Punishment): 061108, made a false official statement, with intent to deceive (040318) and (040909); confinement for 6 months, forfeiture of all pay and allowances, deferred till (060608) and terminated (061108); (General Courts-Martial).  

Counseling Records Available: Yes    No 

IV.  Soldier’s Overall Record
Age at current enlistment:  32
Current ENL Date: 030103    Current ENL Term: INDEF Years  ?????
Current ENL Service: 	07 Yrs, 06 Mos, 11 Days Per DD Form 215 dated 22 April 2013.
Total Service:  		19 Yrs, 08 Mos, 28 Days Includes 674 days of excess leave from 20 October 2006 until 4 September 2008.
Previous Discharges: 	RA 910416 - 960108/HD
                                               RA 960109 - 980201/HD
                                               RA 980202 - 991130/HD
                                               RA 991201 - 030102/HD
Highest Grade: WO-1		Performance Ratings Available: Yes    No 
MOS: 420A8 Human Resources Technician   GT: NIF   EDU: College Degree   Overseas: Germany, Korea, SWA   Combat: Iraq (041230 - 050916)
Decorations/Awards: ARCOMx3, JSAM, AAMx2, AGCMx4, NDSMx2, GWOTEM, GWOTSM, KDSM, HSM, NPDRx2, ASR, OSRx4 MUC

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

VI.  Facts, Circumstances, and Legal Basis for Separation

       a.  Facts and Circumstances:
       The initial notification memorandum is not contained in the available records; however, the Army Board for Review for Eliminations indicates the applicant's separation action was initiated by the General Officer Show Cause Authority under the provisions of AR 600-8-24, paragraph 4-2b, paragraphs 4-7a and 4-17a for the following reasons:
       
       •  Received a court-martial conviction for two specifications of false official statement in violation of Article 107, Uniform Code of Military Justice;
       
       •  Was arrested on or about 22 November 2009 by the Korean National Police for fleeing the scene of an accident and driving while intoxicated;
       
       •  Has been counseled on numerous occasions and given direct orders by his section Officer in Charge and by his company commander to be at his place of duty and report to his supervisor;
       
       •  Has adverse information filed in his Official Military Personnel File; specifically a General Officer Memorandum of reprimand for civilian arrest by the Korean Police, and the court-martial conviction.
       
       The evidence of record indicates that on 6 October 2010, a Board of Inquiry recommended the applicant be involuntarily separated from the United States Army based on misconduct and moral or professional dereliction with an under other than honorable conditions characterization of service.
       
       On 14 April 2011, the Department of the Army Board of Review for Eliminations recommended the applicant be eliminated from the United States Army based on misconduct and moral or professional dereliction with an under other than honorable conditions characterization of service.
       
       On 6 May 2011, the Assistant Secretary of the Army (Manpower and Reserve Affairs) approved the Boards’ recommendations to eliminate the applicant from the United States Army based on misconduct and moral or professional dereliction (AR 600-8-24, paragraph 4-2b) with an under other than honorable conditions characterization of service.
       
       On 17 May 2011, the Deputy Assistant Secretary (Army Review Boards) published the Assistant Secretary, Manpower and Review Affair's decision; approving the Board of Review's and Board of Inquiry's recommendations, and directed the applicant’s discharge with a characterization of service of under other than honorable conditions. 
       
       The record contains a General Officer Memorandum of Reprimand, dated 4 December 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 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 applicant contends mitigating circumstances contributed to his misconduct.  Specifically, he claims stress at work and family issues at home resulted in his discharge.  While the applicant may believe his stress at home and work was the underlying cause of his misconduct, the record of evidence does not demonstrate that he sought relief from stress through his command or the numerous Army community services like the Chaplain, Army Community and Family Support Services, Community Counseling Center, and other medical resources available to all Soldiers.  Likewise, he has provided no evidence that he should not be held responsible for his misconduct.
       
       The analyst noted the applicant's employment issue; however, the Board does not grant relief solely for the purpose of gaining employment or enhancing employment opportunities.
       
       Therefore, 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: 15 May 2013         Location: Washington, DC

Did the Applicant Testify?  Yes     No  

Counsel: None

Witnesses/Observers: None 

Exhibits Submitted: On-line application, various AMHRR documents and a DD Form 214.

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 the discharge to be proper and equitable and voted to deny relief.

































        
IX.  Board Decision						
Board Vote:
Character - Change 1    No change 4
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




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 AR20120020287
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