IN THE CASE OF:  	Mr. 

      BOARD DATE:  	9 December 2013

      CASE NUMBER:  	AR20130008995
___________________________________________________________________________

Board Determination and Directed Action

After carefully examining the applicant's record of service during the period of service under review, hearing his testimony 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 an upgrade of his discharge from general, under honorable conditions to honorable.

2.  The applicant states, in effect, that he is a changed person and would like to rectify the situation resulting in his discharge.

DISCHARGE UNDER REVIEW INFORMATION:

a. Application Receipt Date:		9 May 2013
b. Discharge Received:		General, Under Honorable Conditions
c. Date of Discharge:			28 September 2007
d. Reason/Authority/SPD/RE Code:	Unacceptable Conduct, AR 600-8-24 									paragraph 4-2b, JNC, NA
e. Unit of assignment:			HHT, 2d Sqd, 16th Cav, Fort Knox, KY
f. Current Entry Date/Term:		7 November 2005, 4 years 		
g. Current Term Net Active Service:	1 year, 10 months, 22 days	
h. Total Service:			3 years, 1 month, 0 days
i. Time Lost:				None
j. Previous Discharges:		USAR/Cadet-021007-051106/NA
k. Highest Grade Achieved:		O-1
l. Branch:				00E/Student Officer
m. GT Score:				NA
n. Education:				College Graduate
o. Overseas Service:			None
p. Combat Service:			None
q. Decorations/Awards:		NDSM, ASR
r. Administrative Separation Board: 	No  
s. Performance Ratings:		Yes
t. Counseling Statements:		No
u. Prior Board Review:			Yes, 14 November 2012, Denied 
SUMMARY OF SERVICE:	

The applicant enlisted in the United States Army Reserve as a Cadet on 7 October 2002.  He was commissioned as a second lieutenant on 28 June 2005.  On 7 November 2005, he was ordered to active for a period of 4 years.  He was 21 years old at the time and a college graduate.  His record does not contain any evidence of acts of valor or meritorious achievements.  He completed a total of 3 years and 1 month of total military service.



SEPARATION FACTS AND CIRCUMSTANCES:

1.  The evidence of record shows that on 30 May 2007, the applicant was notified of initiation of elimination proceedings under the provisions of AR 600-8-24, Chapter 4, paragraph 4-2a (11) due to substandard performance and misconduct.

2.  The applicant was directed to show cause for retention in the Army based on the following offenses:

      a. being notified on 23 May 2006 that he had been designated as a respondent to appear before a Faculty Board for substandard performance during Basic Officer Leadership Course (BOLC) III
      
      b. being removed from training initially due to misconduct on 4 December 2005 for driving under the influence of alcohol; subsequently referred to and failed to complete the Alcohol and Substance Abuse Program (ASAP)
      
      c. failed to achieve the course standards of BOLC III as he willfully did not in-process and actively participate in the course of instruction
      
      d. appeared before a Faculty Board on 14 June 2006 and the board recommended his elimination from the course and that he be processed for elimination from the Army IAW AR 600-8-4

3.  He was advised that he could submit a sworn or unsworn statement, his request for resignation in lieu of elimination, or submit a written rebuttal.
      
4.  On 2 July 2007, the applicant submitted a rebuttal statement under the provisions of Chapter 4, AR 600-8-24, in lieu of further elimination proceedings.  The applicant was a probationary officer and therefore not entitled to appear before a board of officers (Board of Inquiry).  
      
5.  On 24 July 2007, the Commander, Headquarters, US Army Armor Center and Fort Knox, Fort Knox, KY, recommended approval of the applicant's elimination from the Service under the provisions of Chapter 4, paragraph 4-2a, AR 600-8-24, with a general, under honorable conditions discharge. 
      
6.  On 13 September 2007, the Acting 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.   
      



7.  The applicant was discharged from the Army on 28 September 2007, with a characterization of service of general, under honorable conditions, under the provisions of AR 600-8-24, paragraph 4-2b, for unacceptable conduct.

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

EVIDENCE OBTAINED FROM THE APPLICANT'S RECORD:

1.  A General Officer Reprimand dated 3 February 2006, for driving while under the influence of alcohol 4 December 2005, with a blood alcohol content of .115.

2.  One OER covering the period of 20 January 2007 to 28 September 2007; the applicant was rated as "Do Not Promote" by the senior rater.

EVIDENCE SUBMITTED BY THE APPLICANT:

The applicant provided a DD Form 293 and a self-authored statement.

POST-SERVICE ACTIVITY: 

None were provided with the application.

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 issues 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 misconduct, 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 that he is a changed person and would like to rectify the situation resulting in his discharge.  The applicant is to be commended on his personal achievement since departing the Army.  However, in review of the applicant’s entire service record and the reasons for the discharge, it appears that this personal accomplishment did not overcome the reason for discharge and characterization of service granted.  

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

6.  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: Personal Appearance 	  Date: 9 December 2013   Location: Washington, DC

Did the Applicant Testify?  Yes 

Counsel: No

Witnesses/Observers:  Yes, Wife????

DOCUMENTS/TESTIMONY PRESENTED DURING PERSONAL APPEARANCE:

1.  The applicant submitted the following additional documents:

	a.  Letter requesting ADRB panel, 1 page
	b.  Outline, 1 page
	c.  Resume, 2 pages
	d.  Letters of reference, 6 pages

In addition to the evidence in the record, the Board carefully considered the additional documents and testimony presented by the applicant at the personal appearance hearing.

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)		AR20130008995



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ARMY DISCHARGE REVIEW BOARD (ADRB)

CASE REPORT AND DIRECTIVE



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