Application Receipt Date: 060420 Prior Review Prior Review Date: None I. Applicant Request Request: Upgrade Reason Change RE Code Change Issues: See DD Form 293, with attachments. II. Were Proper Discharge and Separation Authority procedures followed? Yes No Tender Offer: ????? See Attachments: Legal Medical Minority Opinion Exhibits III. Original Character of Discharge Unit CDR Recommended Discharge: Date: 031114 Discharge Received: Date: 051005 Chapter: 2-12 AR: 135-175 Reason: Moral or Professional Dereliction RE: SPD: NA Unit/Location: Headquarters, Joint Task Force Guantanamo (J4), U.S Naval Station Guantanamo, Cuba Time Lost: None Article 15s (Charges/Dates/Punishment): 030620-violated a lawful general order on divers occasions by being present in a female's quarters after midnight between (030212-030613); misuse rank and position to intimidate junior enlisted members on divers occasions between (030212-030613); wrongfully had sexual intercourse with a female, not his wife on divers occasions between (030212-030613). 030620-General Officer Memorandum of Reprimand, for wrongful sexual intercourse with a female, not his wife, and intentionally misusing rank and position to intimidate junior enlisted personnel, (Administrative). Court-Martials (Charges/Dates/Punishment): None Counseling Records Available: Yes No IV. Soldier’s Overall Record DOB: NIF Current ENL Date: Appointed 020313 Current ENL Term: Indefinite Years ????? Current ENL Service: 3 Yrs, 6 Mos, 25 Days ????? Total Service: 23 Yrs, 2 Mos, 29 Days ????? Previous Discharges: RA-700607-711200/NA ARNG-810627-950220/HD USAR-950221-020312/HD Highest Grade: O-5 Performance Ratings Available: Yes No MOS: 11A00 GT: NIF EDU: College Grad Overseas: Guantanamo, Cuba Combat: None Decorations/Awards: BSM, AAM w/ 2 OLC, ARCAM w/ 4 OLC, NDSM w/ SS, VSM, AFRM, ASR, OSR w/ 1 OLC, ARCOTR w/ 1 OLC, RVCM, PUC, MUC, MSC V. Post-Discharge Activity Home of Record: Current Address: Post Service Accomplishments: None were submitted. VI. Facts, Circumstances, and Legal Basis for Separation a. Facts and Circumstances: Evidence of record shows that on 14 November 2003 the unit commander notified the applicant of initiation of separation action under the provisions of Chapter 2, AR 135-175, by reason of moral or professional dereliction, with a general, under honorable conditions discharge. He was advised of his rights and was given 15 days from the date of receipt of the notification to acknowledge receipt in writing and exercise an option in paragraph 3. The applicant consulted with legal counsel, was advised of the impact of the discharge action, and requested a hearing by an officer administrative separation board, and did not submit a statement in his own behalf. The unit commander subsequently recommended separation from the service. The intermediate commander reviewed the proposed discharge action and recommended approval of the separation action. On 12 May 2004, the applicant was notified to appear before a board of officers, and advised of his rights. The board met; applicant appeared with counsel. The board recommended separation with a general, under honorable conditions discharge. On 23 March 2005, the senior commander forwarded the results of the officer administrative separation board to U.S. Army Human Resources Command, St. Louis, and recommended that the applicant be separated with a general, under honorable conditions discharge. The separation approval authority documentation, directing that the applicant be discharged from the Army Reserve is not a part of the available records and the analyst is presuming government regularity in the discharge process. DA, U.S. Army Human Resources Command, St. Louis, Missouri, Orders D-09-529887, discharged the applicant U.S. Army Reserve with a general, under honorable conditions discharge effective date: 7 October 2005. b. Legal Basis for Separation: Army Regulation 135-175 sets forth the basic authority for the separation of officer personnel. Chapter 2-12, in effect at the time, established policy and prescribed procedures for the involuntary separation of members for moral or professional dereliction. Moral and professional dereliction included: Intentional failure to meet personal financial obligations; mismanagement of personal affairs to the discredit of the service; intentional omission or misstatement of facts in official statements or records for the purpose of misrepresentation; acts of personal misconduct; homosexuality; intentional failure to participate satisfactorily in required IRR training; conviction by civil court of a felony resulting in confinement; and, conduct unbecoming an officer. Officers discharged for any of the following reasons may be furnished an honorable or general discharge certificate, or other than honorable conditions discharge. c. Response to Issues, Recommendation and Rationale: After a careful review of all the applicant’s records for the term of service under review, and the issues he submitted, the analyst found that the evidence was not sufficiently mitigating to warrant an upgrade of the discharge under review. 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 military personnel. By his misconduct, the applicant diminished the quality of his service below that meriting a fully honorable discharge. The applicant provided no independent corroborating evidence demonstrating that either the command's action was erroneous or that the applicant’s service mitigated the misconduct or poor duty performance. Therefore, the analyst found that the characterization of service and the reason for discharge were both proper and equitable and recommends the Board vote to deny relief in this case. VII. Summary of Army Discharge Review Board Hearing Type of Hearing: Date: 17 April 2007 Location: Chicago, IL Did the Applicant Testify? Yes No Counsel: Yes [ redacted ] Witnesses/Observers: None Exhibits Submitted: 350 pages of documents pertaining to Administrative Discharge Hearing, notification, and enclosures. VIII. Board Decision The discharge was: Proper Improper Equitable Inequitable The characterization of service was: Proper Improper Equitable Inequitable The narrative reasons were: Equitable Inequitable DRB voting record: Change No change (Character) Change No change (Reason) (Board member names available upon request) IX. Board Discussion, Determination, and Recommendation After carefully examining the applicant’s record of service during the period of enlistment under review, hearing his testimony, and considering the analyst’s recommendation and rationale, the Board determined that the discharge was both proper and equitable, and voted not to change it. Case report reviewed and verified by: Mr. John Zangas, Examiner X. Board Action Directed No Change Issue a new DD Form 214 Change Characterization to: Change Reason to: None Other: None RE Code: Grade Restoration: No Yes Grade: None XI. Certification Signature and Date Approval Authority: MARK E. COLLINS Colonel, U.S. Army President, Army Discharge Review Board Official: MARY E. SHAW DATE: 4 May 2007 Lieutenant Colonel, U.S. Army Chief, Secretary Recorder ARMY DISCHARGE REVIEW BOARD - CASE REPORT AND DIRECTIVE Case Number AR20060005714 Applicant Name: ______________________________________________________________________ Page 6 of 6 pages