Applicant Name: ????? Application Receipt Date: 2009/03/24 Prior Review: Prior Review Date: NA (ABCMR 11 February 2009) I. Applicant Request: Upgrade Reason Change RE Code Change Issues: See DD Form 293 and attached documents submitted by the applicant. II. Were Proper Discharge and Separation Authority procedures followed? Tender Offer: NA See Attachments: Legal Medical Minority Opinion Exhibits III. Discharge Under Review Unit CDR Recommended Discharge: Date: NIF Discharge Received: Date: 070727 Chapter: 4-2b AR: 600-8-24 Reason: Unacceptable Conduct RE: SPD: JNC Unit/Location: Special Troops Battalion (Rear)(Provisional), 13th Sustainment Command (Expeditionary)(Rear)(Provisional), Fort Hood, TX Time Lost: None Article 15s (Charges/Dates/Punishment): None Courts-Martial (Charges/Dates/Punishment): None Counseling Records Available: Yes No IV. Soldier’s Overall Record Age at current enlistment: 38 Current ENL Date: 020906 Current ENL Term: Indef Years ????? Current ENL Service: 04 Yrs, 10Mos, 22Days ????? Total Service: 17 Yrs, 04Mos, 00Days ????? Previous Discharges: RA 900328-020905/HD (Enlisted Service) Highest Grade: 0-3 Performance Ratings Available: Yes No MOS: 74A/Chemical Officer GT: NA EDU: HS GRAD Overseas: SWA, Korea Combat: Iraq (030410-040423) Decorations/Awards: ARCOM (5), AAM (3), AGCM (4), NDSM (2), SWASM W/BSS (2), GWOTEM, GWOTSM, KDSM, NCOPDR (2), ASR, OSR (4), KLM (SA), KLM (Kuwait) V. Post-Discharge Activity City, State: ????? Post Service Accomplishments: The applicant states that he has earned a college degree. VI. Facts, Circumstances, and Legal Basis for Separation a. Facts and Circumstances: The evidence of record shows that on 7 February 2007, the applicant was notified of initiation of elimination proceedings under the provisions of Chapter 4, paragraph 4-2, AR 600-8-24, by reason of intentional misstatement of fact and misconduct. The applicant was directed to show cause for his retention in the Army after he submitted an application for Officer Candidate School (OCS) which contained a diploma and transcripts that he knew to be fraudulent. The applicant misrepresented to the US Army that he had attended Texas A&M University and received a bachelor's degree knowing that he never attended such; that he had in fact purchased the documents online between August and September 2001. The for several years the fraudulent degree remained in his Official Military Personnel Record and cited on his Officer Record Brief, which the applicant signed as being correct. He was advised that he could submit a voluntary resignation in lieu of elimination, request discharge in lieu of elimination or submit a rebuttal or declination statement. As the applicant was a probationary officer, he was not entitled to a Board of Inquiry (Show Cause Board). Additionally, as he was not being recommended for an Other Than Honorable Discharge which aslo made he ineligible for a Board of Inquiry. The Applicant submitted a rebuttal. Subsequently, his case was forwarded to Human Resources Command for submission to the Assistant Secretary of the Army (Manpower and Reserve Affairs). The Ad Hoc Review Board recommended that the Applicant’s elimination be accepted with issuance of a general, under honorable conditions discharge. On 13 June 2007, the Acting Deputy Assistant Secretary (Army Review Boards) 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. Record of evidence contains a General Officer Letter of Reprimand, dated 8 December 2006, reprimanding the Applicant for providing a fraudulent college degree for his official military record which facilitated his commission as an officer. b. Legal Basis for Separation: Army Regulation 600-8-24 sets forth the basic authority for Officer Transfers and Discharges. Chapter 4 outlines the policy and procedure for the elimination of officers from the active Army for substandard performance of duty, misconduct, moral or professional dereliction, and in the interest of national security. c. Response to Issues, Recommendation and Rationale: After a careful review of all the applicant’s military records, the issues, and the supporting documents evidence he submitted, the analyst determined 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 Army Officers. By his misconduct, the applicant diminished the quality of his service below that meriting a fully honorable discharge. The applicant provided no significant 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 reason for discharge and the characterization of service remains both proper and equitable. VII. Summary of Army Discharge Review Board Hearing Type of Hearing: Date: 7 December 2009 Location: Washington, D.C. Did the Applicant Testify? Yes No Counsel: Yes; Witnesses/Observers: None Exhibits Submitted: Yes VIII. 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, voted to deny relief. IX. Board Decision XI. Certification Signature Board Vote: Approval Authority: Character - Change 1 No change 4 Reason - Change 0 No change 5 (Board member names available upon request) EDGAR J. YANGER Colonel, U.S. Army X. Board Action Directed President, Army Discharge Review Board Issue a new DD Form 214 Change Characterization to: Change Reason to: No Change Other: NA RE Code: Grade Restoration: No Yes Grade: NA ARMY DISCHARGE REVIEW BOARD - CASE REPORT AND DIRECTIVE Case Number AR20090006992 ______________________________________________________________________________ Page 1 of 3 pages