IN THE CASE OF:	Mr.

      BOARD DATE:  	23 September 2013

      CASE NUMBER:  	AR20130004514
___________________________________________________________________________

Board Determination and Directed Action

After carefully examining the applicant's record of service during the period of enlistment under review and considering the Discussion and Recommendation which follows, the Board determined the discharge was both proper and equitable and voted to deny relief.




      
      
      Presiding Officer
      
I certify that herein is recorded the true and complete record of the proceedings of the Department of the Army Discharge Review Board in this case.

THE APPLICANT’S REQUEST AND STATEMENT:

1.  The applicant requests to upgrade his characterization of service from general, under honorable conditions to fully honorable.  

2.  The applicant states, in effect, he was offered the option of resigning or facing a show cause board.  He chose to resign conditioned upon receiving an honorable discharge.  That resignation was accepted by his commanding general, with the recommendation of fully honorable.  In addition, since that time, he helped find a not-for-profit organization dedicated to preventing Soldier suicide.  He is currently the CFO of this organization.  He believes he has demonstrated he is an upstanding citizen who deserves a fully honorable discharge.

DISCHARGE UNDER REVIEW INFORMATION:

	a.	Application Receipt Date:	4 March 2013 
	b.	Discharge Received:	General, Under Honorable Conditions 
	c.	Date of Discharge:	1 March 2010 
	d.	Reason/Authority/SPD/RE Code:	Unacceptable Conduct, AR 600-8-24, Paragraph 4-2b, 
			JNC, NA 
	e.	Unit of assignment:	HHT, 3rd Armored Cavalry Regiment, 
			Fort Hood, TX 
	f.	Current Entry Date/Term:	28 May 2006, 4 years
	g.	Current Term of Service:	3 years, 9 months, 4 days 
	h.	Total Service:	5 years, 5 months, 29 days
	i.	Time Lost:	None
	j.	Previous Discharges:	USAR ROTC (040903-060527) / NA
	k.	Highest Grade Achieved:	O-2
	l.	Military Occupational Specialty:	88A, Transportation, General
	m.	GT Score:	NA
	n.	Education:	College Graduate 
	o.	Overseas Service:	SWA 
	p.	Combat Service:	Afghanistan (080614-090913)
	q.	Decorations/Awards:	BSM; ARCOM; NDSM; ACM-CS; GWOTSM; ASR; 
			OSR; NATO MDL; CAB
	r.	Administrative Separation Board: 	No 
	s.	Performance Ratings:	Yes 
	t.	Counseling Statements:	NIF 
	u.	Prior Board Review:	No 

SUMMARY OF SERVICE:  

The applicant enlisted in the Army Reserve on 3 September 2004, for a period of 8 years, pursuant to a 2-academic-year ROTC Scholarship Cadet Contract.  He was 22 years old at the time he was commissioned as a second lieutenant on 24 May 2006.  He served in Afghanistan.  He earned a BSM and an ARCOM.  He completed 5 years, 5 months, and 29 days of active and reserve military service.  

SEPARATION FACTS AND CIRCUMSTANCES:

1.  The evidence of record shows that on 19 November 2009, the applicant was notified of initiation of elimination proceedings under the provisions of Chapter 4, paragraphs 4-2b(5), (8), AR 600-8-24, by reason of acts of misconduct and conduct unbecoming an officer.  

2.  The applicant was directed to show cause for retention in the Army for receiving a GOMOR on 10 May 2009, which was filed in his AMHRR on 18 May 2009, for the following offenses:

	a.	fraternizing with an enlisted Soldier in violation of AR 600-20, paragraph 4-14;
	b.	consuming alcohol with the same Soldier in violation of USCENTCOM General Order #1B; and 
	c.	violating Task Force Duke Policy Letter #20 by entering off-limits areas to consume alcohol and gamble.

3.  He was advised that he may submit a voluntary resignation in lieu of elimination or request discharge in lieu of elimination, or submit a rebuttal and request an appearance before a Board of Inquiry.  Based on the above offenses, the Commanding General (CG), III Corps and Fort Hood, Fort Hood, TX, further advised the applicant that he would receive an honorable discharge if he was eliminated for substandard performance of duty only, or the least favorable discharge of under other than honorable conditions if he was eliminated for misconduct, moral or professional dereliction.  

4.  On 10 December 2009, the applicant consulted with legal counsel and voluntarily tendered his resignation from the Army in writing, under the provisions of Chapter 4, AR 600-8-24, in lieu of further elimination proceedings, conditioned upon receiving no less than an honorable discharge.  The applicant indicated he understood that in absence of a recommendation for the characterization of service, an honorable discharge is warranted.  He elected to waive his right to submit any matters in explanation, rebuttal, or defense concerning the allegations in his case subject to receiving no less than an honorable discharge.  He added that he would not waive the aforementioned right, in the event, any discharge less than an honorable discharge was recommended.

5.  The battalion and brigade commanders recommended approval of the applicant’s elimination from the US Army with an honorable characterization of service.

6.  On 7 January 2010, the CG recommended the applicant’s discharge from the Army with a characterization of service under honorable conditions.

7.  The DA Ad Hoc Review Board recommended the applicant’s elimination action be accepted with issuance of a general, under honorable conditions discharge.  

8.  On 12 February 2012, the Deputy Assistant Secretary (Army Review Boards) approved the recommendation of the Army Ad Hoc Review Board and indicated the applicant’s resignation conditioned upon receiving an honorable discharge would not be accepted, and directed the applicant’s involuntary discharge with a characterization of service of general, under honorable conditions.  

9.  The applicant was discharged from the Army on 1 March 2010, with a characterization of service of general, under honorable conditions, under the provisions of AR 600-8-24, paragraph 4-2b, for unacceptable conduct.

10.  The applicant’s service record does not contain any evidence of unauthorized absences or time lost.  

EVIDENCE OBTAINED FROM THE APPLICANT'S RECORD:

A “Relief for Cause” OER rendered during rating period from 25 July 2008 thru 10 May 2009.  The rater assessed him as “Unsatisfactory Performance, Do Not Promote,” and the senior rater as “Do Not Promote” and “No Box Check.”

EVIDENCE SUBMITTED BY THE APPLICANT:

The applicant provided none.

POST-SERVICE ACTIVITY: 

The applicant states, in effect, he helped find a not-for-profit organization dedicated to preventing Soldier suicide, and he is currently the CFO of that organization.  

REGULATORY AUTHORITY:

1. Army Regulation (AR) 600-8-24, Officer Transfers and Discharges, sets forth the basic authority for the separation of commissioned and warrant officers.  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.

2.  AR 600-8-24, paragraph 1-22a, provides that an officer will normally receive an honorable characterization of service when the quality of the officer’s service has met the standards of acceptable conduct and performance of duty.  An honorable discharge is a separation with honor and entitles the recipient to benefits provided by law.

3.  A general under honorable conditions characterization of service will normally be issued to an officer when the officer’s military record is satisfactory but not sufficiently meritorious to warrant an honorable discharge.  A separation under honorable conditions will normally be appropriate when an officer submits an unqualified resignation or a request for relief from active duty under circumstances involving misconduct which renders the officer unsuitable for further service, unless an under other than honorable conditions separation is appropriate.

4.  A discharge under other than honorable conditions is an administrative separation from the service under conditions other than honorable.  An officer will normally receive an under other than honorable conditions when they resign for the good of the service, are dropped from the rolls of the Army, are involuntarily separated due to misconduct, moral or professional dereliction, or for the final revocation of a security clearance as a result of an act or acts of misconduct.

DISCUSSION AND RECOMMENDATION:

1.  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.  

2.  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 unacceptable conduct, the applicant diminished the quality of his service below that meriting an honorable discharge.  

3.  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.  

4.  The applicant contends his option to resign was conditioned upon receiving an honorable discharge that was accepted by his commanding general.  However, the evidence shows the separation authority did not accept the applicant’s resignation that was conditioned upon receiving an honorable discharge, but directed his involuntary separation with a general, under honorable conditions characterization of service.  Accordingly, this contention is without merit.

5.  The applicant contends that since leaving the Army he helped find a nonprofit organization dedicated to preventing Soldier suicide and serves as the CFO (chief financial officer) of that organization.  The applicant’s post-service accomplishments have been noted as outlined on the application.  However, in review of the applicant’s entire service record and the reasons for the discharge, it appears that these accomplishments did not overcome the reason for discharge and characterization of service granted.  

6.  The records show the proper discharge and separation authority procedures were followed in this case.  

7.  Therefore, the reason for discharge and characterization of service being both proper and equitable, recommend the Board deny relief.


SUMMARY OF ARMY DISCHARGE REVIEW BOARD HEARING:

Type of Hearing: Record Review     Date: 23 September 2013      Location: Washington, DC

Did the Applicant Testify?  No 

Counsel: None

Witnesses/Observers: N/A????? 

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

Board Action Directed:
Issue a new DD Form 214:		No
Change Characterization to:	No Change
Change Reason to:			No Change
Change Authority for Separation:	NA
Change RE Code to:		NA
Grade Restoration to:		NA
Other:  				NA




















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	UOTHC - Under Other Than                           			               Honorable Conditions
ADRB Case Report and Directive (cont)		AR20130004514

Page 6 of 6 pages


ARMY DISCHARGE REVIEW BOARD (ADRB)

CASE REPORT AND DIRECTIVE



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