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CG | DRB | 2012 - Discharge Review Board (DRB) | 2012 027
Original file (2012 027.pdf) Auto-classification: Denied
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’


| Policy Implications





17 yrs, 3 months, 14 days |


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 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.

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