IN THE CASE OF:  	Mr. 

      BOARD DATE:  	21 May 2014

      CASE NUMBER:  	AR20130015553
___________________________________________________________________________

Board Determination and Directed Action

After carefully examining the applicant's record of service during the period of enlistment under review, and considering the examiner’s 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 under other than honorable conditions discharge to either fully honorable or general, under honorable conditions.

2.  The applicant states, in effect, he was discharged from the military after he tested positive for marijuana.  He states he had just returned from a deployment to Iraq and got “caught up” in his family’s welcome home celebrations.  He contends he has not had any drug interactions since.  He states he is currently employed as a nurse, which requires drug testing.  He states a review of his Army Officer Evaluation Reports (OERs) will show he was an exemplary officer while deployed.  He would like for his children to be able to take pride in his service and for his children to be able to use his veteran’s health benefits.
 
DISCHARGE UNDER REVIEW INFORMATION:

a. Application Receipt Date:			21 August 2013
b. Discharge Received:			Under Other Than Honorable Conditions
c. Date of Discharge:				14 July 2011
d. Reason/Authority/SPD/RE Code:		In Lieu of Trial By Court-Martial, AR 600-8-24,
Paragraph 3-13, DFS, NA
e. Unit of assignment:				Charlie Company, 3rd Brigade Support 
Battalion, Fort Stewart, GA
f. Current Enlistment Date/Term:		8 Jul 2004/Indefinite
g. Current Enlistment Service:		7 years, 7 days
h. Total Service:				7 years, 2 months, 9 days
i. Time Lost:					None
j. Previous Discharges:			USAR, 040506-040707, NA
k. Highest Grade Achieved:			O-3
l. Branch/Specialty:				66H, Medical-Surgical Nurse
m. GT Score:					NA
n. Education:					Bachelor’s Degree
o. Overseas Service:				SWA
p. Combat Service:				Afghanistan, (060131-070130)
Iraq (090531-100530)
q. Decorations/Awards:			ARCOM-2, AAM, MUC, NDSM, ACM-2CS,
GWOTSM, HSM, ASR, OSR-2, NATO MDL
r. BOI/Show Cause Board: 			No
s. Performance Ratings:			Yes
t. Counseling Statements:			NIF
u. Prior Board Review:				No



SUMMARY OF SERVICE:		
	
The applicant was commissioned as a second lieutenant on 6 May 2004.  He was 24 years old at the time and a college graduate.  He attended the AMEDD Officer Basic Course and was assigned to Walter Reed Army Medical Center in the Army Nurse Corps.  He earned two ARCOMS, a AAM and completed 7 years, 2 months, and 9 days of military service.  When his discharge proceedings were initiated, he was serving at Fort Stewart, Georgia.

SEPARATION FACTS AND CIRCUMSTANCES:

1.  The evidence of record shows that on 13 April 2011, the applicant was charged with wrongfully engaging in a prohibited intimate relationship with SPC S, wrongfully using marijuana, and wrongfully having sexual intercourse with SPC S, a married woman not his wife.  

2.  On 26 April 2011, the applicant consulted with legal counsel and voluntarily tendered his resignation from the Army in writing, under the provisions of Chapter 3, AR 600-8-24, for the good of the Service in lieu of trial by a general court-martial with a characterization of service of no less than general, under honorable conditions.  The applicant indicated he understood that he could receive an under other than honorable conditions discharge and that the discharge would have a significant effect on eligibility for veteran’s benefits.  The chain of command recommended approval of the resignation for the good of the Service with issuance of an under other than honorable conditions discharge.  

3.  On 23 June 2011, the 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 under other than honorable conditions.     

4.  The applicant was discharged from the Army on 14 July 2011, with a characterization of service of under other than honorable conditions.

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

EVIDENCE OBTAINED FROM THE APPLICANT'S RECORD:

1.  DA Form 458 (Charge Sheet), dated 13 April 2011, reflects the applicant was charged with:

     a.  wrongfully engaging in a prohibited intimate relationship with SPC S.

     b.  wrongfully using marijuana.

     c.  wrongfully having sexual intercourse with SPC S, a married woman not his wife.

2.  A General Officer Memorandum of Reprimand dated 9 April 2010, for an inappropriate and adulterous relationship with a junior enlisted Soldier in his company, in violation of Article 134 of the UCMJ and AR 600-20, paragraph 4-14.

3.  DA Forms 1059 (Service School Academic Evaluation Reports), reflects the applicant successfully completed the AMEDD Officer Basic Course and the Captain’s Career Course.
      
4.  Nine OERs covering the period of 18 September 2004 through 1 March 2011.  He received seven “Outstanding Performance/Must Promote” and two “Satisfactory Performance/Promote” ratings from his raters. His senior raters (SRs) rated him as “Best Qualified” on seven reports and “Fully Qualified” on the remaining reports.  All evaluations had a no box check marking.
      
EVIDENCE SUBMITTED BY THE APPLICANT:

The applicant provided a DD Form 293, dated 14 August 2013, a DD Form 214, and position history for his employment as a registered nurse with Pardee Hospital, Hendersonville, North Carolina.

POST-SERVICE ACTIVITY: 

The applicant states he is currently employed as a nurse for Pardee Hospital in Hendersonville, North Carolina, and he undergoes drug testing as a condition of employment. 

REGULATORY AUTHORITY:

1.  Army Regulation 635-100 sets forth the basic authority for the separation of commissioned and warrant officers from the active Army.  Chapter 3, Section XV establishes policy and procedures for involuntary relief from active duty.  Paragraph 3-58(g) provides that an officer who is found guilty, or action is taken tantamount to a finding of guilty, in a Federal or State court may be immediately released from active duty by the Secretary of the Army, when the offense is punishable under the UCMJ with confinement of one year or more, or when the offense involves moral turpitude, regardless of the sentence received or the maximum punishment under any code.  

2.  Army regulation 600-8-24 prescribes the policies and procedures governing the transfer and discharge of Army officers.  Chapter 3, paragraph 3-13 outlines the rules for processing requests for resignation for the good of the Service in lieu of trial by a general court-martial.

3.  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.


ANALYST’S 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 indicates the applicant was charged with the commission of offenses punishable under the Uniform Code of Military Justice with a punitive discharge.  The applicant voluntarily requested resignation in lieu of trial by general court-martial under the provisions of Chapter 3, AR 600-8-24.  The appropriate authority approved the applicant's request and issuance of an under other than honorable conditions characterization of service.  The record confirms that by the misconduct, the applicant diminished the overall quality of his service below that meriting an honorable or a general, under honorable conditions discharge.  

3.  The applicant contends a review of his Army OERs will show he was an exemplary officer while deployed.  The applicant’s service accomplishments and the quality of his service prior to the incidents that caused the initiation of discharge proceedings were carefully considered.  However, this service was determined not to be sufficiently mitigating to warrant an upgrade to the characterization of discharge as shown by the misconduct committed.  Further, the record indicates the applicant’s request for resignation in lieu of court-martial was approved with a characterization of service as under other than honorable conditions.  

4.  The applicant contends that an upgrade of his discharge would allow his children the use of medical benefits through the Veterans Administration healthcare system.  However, the Board does not grant relief for the purpose of accessing veterans benefits.

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

6.  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:  Record Review       Date:  21 May 2014        Location:  Washington, DC

Did the Applicant Testify?  No 

Counsel:  None

Witnesses/Observers:  No 

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)		AR20130015553



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ARMY DISCHARGE REVIEW BOARD (ADRB)

CASE REPORT AND DIRECTIVE



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