IN THE CASE OF:  	Mr. 

      BOARD DATE:  	13 January 2014

      CASE NUMBER:  	AR20130010193
___________________________________________________________________________

Board Determination and Directed Action

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 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 and a change to his narrative reason for separation.

2.  The applicant did not submit any issues of equity or propriety to be considered by the Board.

DISCHARGE UNDER REVIEW INFORMATION:

a. Application Receipt Date:		24 May 2013
b. Discharge received:			General, Under Honorable Conditions
c. Date of Discharge:			5 October 2005
d. Reason/Authority/SPD/RE:		Misconduct, AR 612-205, Table 3, Rule 6 and 							AR 210-26, paragraph 7-3b
e. Unit of assignment:			Cadet Detachment, United States Military Academy, 						Company A-1, West Point, NY
f. Current Enlistment Date/Term:  	2 July 2001, NIF
g. Current Enlistment Service:  	4 years, 3 months, 4 days
h. Total Service:			4 years, 3 months, 4 days
i. Time Lost:				NA
j. Previous Discharges:		NA
k. Highest Grade Achieved:		Cadet
l. Military Occupational Specialty:	NA
m. GT Score:				NA
n. Education:				4 years of college
o. Overseas Service:			None
p. Combat Service:			None
q. Decorations/Awards:		NDSM
r. Administrative Separation Board: 	No
s. Performance Ratings:		No
t. Counseling Statements:		No
u. Prior Board Review:			No

SUMMARY OF SERVICE:

The applicant entered the United States Military Academy as a cadet on 2 July 2001 and he was 18 years old at the time.  He was discharged on 5 October 2005 for misconduct, with a characterization of service of general, under honorable conditions.  His record does not document any acts of valor or significant achievements.  He was a cadet at West Point, NY when he was separated.





SEPARATION FACTS AND CIRCUMSTANCES:

1.  The record of evidence indicates that the applicant was separated under the provisions of AR 612-205, Table 3, Rule 6 and AR 210-26, paragraph 7-3b with a general, under honorable conditions discharge.  

2.  In May 2005, he was informed by his chain of command that he was under investigation for sexual activity on the internet.  Specifically the following offenses:

     a.  failing to obey a lawful general order, by displaying pornography or sexually related material on his computer and by accessing via a government-operated computer system a website containing pornographic material (050425).

     b.  creating in his AOL Instant Messenger Buddy Information a link to obscene, nude photographs of himself masturbating and ejaculating in the barracks, intending that female United States Military Academy (USMA) cadets would access and view the photographs (040516-050522); and knowing that he had previously been disciplined and placed under a suspended separation for similar misconduct on 31 May 2002.

3.  On 25 July 2005, the Commandant recommended that the applicant be separated from       the Military Academy, discharged from the Army, and that an AR 15-6 investigation be initiated to recoup the cost of his education based on his Misconduct Investigation.  The Commandant also recommended that the applicant not be medically separated.

4.  On 25 July 2005, the Staff Judge Advocate recommended the applicant’s case be forwarded to Headquarters, Department of the Army (HQDA) with a recommendation that the applicant be separated from the USMA based on the Misconduct Investigation and discharged from the US Army with issuance of a general, under honorable conditions discharge in accordance with AR 612-205, Table 3, Rule 6.  He also recommended the applicant not be separated based on the Medical Evaluation Board (MEB) findings.

5.  On 25 July 2005, the Superintendent approved the findings of violations of AR 210-26, paragraphs 6-9 and 6-14.  The record of the proceedings were forwarded to HQDA, with a recommendation that the applicant be separated from the USMA, and discharged from the US Army with issuance of a general, under honorable conditions discharge in accordance with    AR 612-205, Table 3, Rule 6.  He also reviewed the findings of the MEB when he decided the applicant’s case.  He recommended that the applicant be medically separated from USMA.  The MEB found, however, that the applicant’s medical condition did not cause his misconduct.

6.  On 5 October 2005, the Assistant Deputy Chief of Staff, G-1 approved the recommendation that the applicant be separated from the USMA and directed the applicant’s discharge with a characterization of service of general, under honorable conditions.

7.  The applicant’s service record does not contain any evidence of unauthorized absences, time lost or actions under the Uniform Code of Military Justice (UCMJ).

8.  The applicant was discharged from the USMA on 5 October 2005, with a characterization of service of general, under honorable conditions under the provisions of AR 612-205, Table 3, Rule 6 and AR 210-26, paragraph 7-3b, for misconduct.

EVIDENCE OBTAINED FROM THE APPLICANT'S RECORD:

In May 2002, the applicant was found to have solicited an underage female for sexual activity over Instant Messenger.  For this misconduct he received punishment awards and a suspended separation that expired in September 2003.

EVIDENCE SUBMITTED BY THE APPLICANT:

The applicant provided an online application, two DD Forms 214, application part 1 (129 pages), application part 2 (144 pages), and application part 3 (110 pages).

POST-SERVICE ACTIVITY:

The applicant did not provide any with his application.

REGULATORY AUTHORITY:

1.  Army Regulation 612-205 set forth the basic authority for appointment and separation of Service Academy Attendees.  Chapter 7 establishes policy and prescribes procedures for separating members for reasons other than physical disability.  A member separated under this chapter will be processed under provisions of Table 3.

2.  AR 612-205, Table 3, Rule 6 and AR 210-26, paragraph 7-3b, identifies cadets who are discharged under the provisions of these Regulations, as misconduct.

DISCUSSION AND RECOMMENDATION:

1.  The applicant’s request for an upgrade of the characterization of his discharge and a change to the narrative reason for separation was carefully considered.  However, after examining the applicant’s available military records and the documents submitted with the application, there are insufficient mitigating factors to merit an upgrade of the characterization of his discharge or a change to the narrative reason for separation.

2.  The available military records record confirms that the applicant’s discharge was appropriate because the quality of his service was not consistent with USMA standards for service academy attendees and performance of duty by a cadet.  It brought discredit on the academy, and was prejudicial to good order and discipline, the applicant diminished the quality his service below that meriting a fully honorable discharge.  

3.  The applicant requested a change to the narrative reason for the discharge.  However, AR 612-205, Table 3, Rule 6 and AR 210-26, paragraph 7-3b, identifies cadets who are discharged under the provisions of these regulations, as misconduct.
4.  The applicant did not submit any issues of equity or propriety to be considered by the Board.

5.  Therefore, the reason for discharge and the 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:  13 January 2014     Location: Washington, DC

Did the Applicant Testify:  Yes

Counsel:  Yes [redacted]

Witnesses/Observers:  Yes (Wife)






























DOCUMENTS/TESTIMONY PRESENTED DURING PERSONAL APPEARANCE:

1.  The applicant submitted the following additional documents:

     a.  Resume, 2 pages
     b.  Letters of reference, 5 pages
     c.  Certificates, 8 pages
     d.  Explanation of certificates, 9 pages
     e.  Transcripts, 10 pages
     f.   Medical documents, 11 pages

2.  The applicant presented no additional contentions.

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)		AR20130010193



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ARMY DISCHARGE REVIEW BOARD (ADRB)

CASE REPORT AND DIRECTIVE



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