DRB DIGEST/EXECUTIVE SUMMARY
DRB DOCKET 2012-027
CURRENT DD-214 Under Honorable Conditions, 12.A.7, BNC, Unacceptable Conduct, NA
RELIEF REQUESTED |} Honorable; Narrative Reason to ‘Completion of Required Active Service’
BY DRB
CORRECTIONS
| TIS
| Policy Implications
17 yrs, 3 months, 14 days |
None
EXECUTIVE SUMMARY: The Applicant resigned their commission with an under honorable conditions
character of service, and a narrative reason for separation of unacceptable conduct. The applicant submitted a
request for unqualified resignation in early 2009 in lieu of court martial as a provision of the charges being
disposed of at mast vice court martial. The Applicant acknowledged the conduct unbecoming an officer and
was found to have violated the UCMJ in which NJP punishment was awarded. In the applicant’s request for
resignation, it reads that the applicant “may receive a discharge under other than honorable conditions” and that
the entire service record is taken into consideration in upgrading the character of service.
The applicant appeared in person before the Board and presents that post-separation-- completion of Associates
and Bachelors degrees, and being employed at an academic institution. Thé applicant contends that the basis
for the resignation and the charges leading to the Discharge were unfounded, and therefore the character of
service should be upgraded to honorable, and the narrative reason should be changed to completion of required
active service.
The Board finds no issues with propriety or equity in this case. The Applicant was afforded applicable due
process and voluntarily elected resignation in lieu of court martial. The case was disposed of at NJP and the
applicant was found to have violated Article 133, Conduct unbecoming of an officer.
The applicant presents that the sexually explicit materials given to the victim in this case were never proven to
be created and passed by them. This post separation sentiment is not consistent with the following two actions:
the unqualified resignation request made by the applicant in the Spring of 2008 (pre NJP) which was not
approved. And, the resignation request made in early 2009 (after the NJP proceeding) in which the applicant
stated in fact creating the erotic disc given to the victim in addition to sending messages to the victim on
match.com and myspace accounts.
The applicant spends the majority of the 30 page petition provided pointing out how the victim was not a
credible source. The applicant also states not being supported in previous work situations by the chain of
command. Lastly, the applicant attempts to cite a similar sexual harassment case in an attempt for greater
immunity on the character of service. The Board has reviewed all items and testimony provided by the
applicant. There was nothing within the application, petition, or 41 attachments that refute or upgrade the
findings of the applicant’s separation.
Final Adjudication by Assistant Commandant For Human Resources: Concur with Board. No relief.
USMC | DRB | 2012_Marine | MD1200470
Types of Documents Submitted/reviewedRelated to Military Service: DD 214:Service/Medical Record:Other Records: Related to Post-Service Period: Employment: Finances: Education/Training: Health/Medical Records: Rehabilitation/Treatment: Criminal Records: Personal Documentation: Community Service: References: Department of VA letter: Other Documentation: Additional Statements:From Applicant: From/To Representation:From/ToCongress member: DEPARTMENT OF THE NAVYNAVAL DISCHARGE REVIEW BOARD...
USMC | DRB | 2002_Marine | MD02-00220
MD02-00220 Applicant’s Request The application for discharge review, received 020108, requested that the reason for the discharge be changed to RESIGN. 991221: Punitive Letter of Reprimand issued to applicant.991222: Applicant voluntarily tendered his unqualified resignation for cause in lieu of processing for administrative separation for cause.991223: CO, 1 st MCD, Garden City, NJ forwarded applicant's resignation for cause letter to the Secretary of the Navy recommending...
ARMY | BCMR | CY2011 | AR20100029828
Discharge Under Review Unit CDR Recommended Discharge: Date: 090514 Discharge Received: Date: 090805 Chapter: 4-2b AR: 635-200 Reason: Unacceptable Conduct RE: SPD: JNC Unit/Location: U.S. Army Medical Department Activity, Fort Leonard Wood, MO Time Lost: None Article 15s (Charges/Dates/Punishment): None Courts-Martial (Charges/Dates/Punishment): None Counseling Records Available: Yes No IV. On 17 July 2009, the Deputy Assistant Secretary (Army Review Boards) approved the recommendation of...
ARMY | DRB | CY2006 | AR20060005713
The Ad Hoc Review Board met; and on 17 September 2004, the Deputy Assistant Secretary (Army Review Boards) approved the recommendation of the Army Ad Hoc Review Board, accepted the applicant's resignation and directed that the applicant be discharge with a characterization of service of under other than honorable conditions. c. Response to Issues, Recommendation and Rationale: After a careful review of all the applicants military records during the term of service under review, and the...
USMC | DRB | 2009_Marine | MD0901503
DEPARTMENT OF THE NAVYNAVAL DISCHARGE REVIEW BOARD (NDRB) DISCHARGE REVIEW DECISIONAL DOCUMENTApplicant’s Issues 1. The fact that the command referred charges to a General Court-Martial, the NDRB determined that the charges against the Applicant substantiated his unacceptable conduct as an officer. ” Additional Reviews : After a document review has been conducted, former members are eligible for a personal appearance hearing, provided the application is received at the NDRB within 15 years...
USMC | DRB | 2005_Marine | MD0501120
The Applicant requests the Discharge Characterization of Service received at the time of discharge be changed to honorable. This letter and supporting documentation is my personal request for a review of my discharge issued by the United States Marine Corps, though the Secretary of the Navy, on 15 October 2003. While there is no law or regulation, which provides that an unfavorable discharge may be upgraded based solely on the passage of time or good conduct in civilian life subsequent to...
USMC | DRB | 2011_Marine | MD1101203
Relief denied.Summary: After a thorough review of the available evidence, to include the Applicant’s testimony, summary of service, record entries, and discharge process, the Board found Therefore, the awarded characterization of service shall and the narrative reason for separation shall remain UNACCEPTABLE CONDUCT.The Applicant is directed to the Addendum for additional information. ” Additional Reviews : After a document review has been conducted, former members are eligible for a...
ARMY | BCMR | CY2014 | 20140003117
(2) The applicant violated Article 133 of the UCMJ, in that he did, at or near Camp Arifjan, Kuwait, between on or about 17 July 2011 and on or about 14 October 2011 wrongfully request sexual intercourse from 1LT KEH, a subordinate under his supervision, such conduct being unbecoming of an officer and a gentleman. The evidence of record shows that on 24 October 2013 the applicant accepted NJP under the provisions of Article 15 of the UCMJ for offenses he committed between on or around 17...
ARMY | DRB | CY2012 | AR20120020002
Prior Board Review: No SUMMARY OF SERVICE: The applicant's record shows he enlisted in the Regular Army on 22 November 1995 and was discharged 9 May 2009. On 30 March 2012, the intermediate commander recommended the applicant elimination under the provisions of AR 600-8-24, Chapter 4, paragraph 4-2(a) for substandard performance of duty and under paragraph 4-2(b) for misconduct and moral or professional dereliction based on the applicant's failure to exercise necessary leadership, acts of...
ARMY | DRB | CY2006 | AR20060013020
Facts, Circumstances, and Legal Basis for Separation a. On 25 July 2000, the Deputy Assistant Secretary (Army Review Boards) accepted the applicant's resignation, approved the recommendation of the Army Ad Hoc Review Board, and directed that the applicant be discharged with a characterization of service of general, under honorable conditions. The appropriate authority approved the applicant's request and issuance of a general, under than honorable conditions characterization of service.