IN THE CASE OF: BOARD DATE: 16 July 2014 CASE NUMBER: AR20140004846 ___________________________________________________________________________ Board Determination and Directed Action After carefully examining the applicant's record of service during the period of enlistment under review, and considering the 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 general, under honorable conditions discharge to honorable and a change to the narrative reason for discharge. 2. The applicant, nor his counsel, provided any issues of propriety or equity for the board to consider with his application. DISCHARGE UNDER REVIEW INFORMATION: a. Application Receipt Date: 14 March 2014 b. Discharge Received: General, Under Honorable Conditions c. Date of Discharge: 30 January 2014 d. Reason/Authority/SPD/RE Code: Unacceptable Conduct, AR 600-8-24 Paragraph 4-2b, JNC, NA e. Unit of assignment: Ammunitions Company, 17th Ordnance Battalion, Korea f. Current Enlistment Date/Term: 16 January 2008/Indefinite g. Current Enlistment Service: 6 years, 15 days h. Total Service: 11 years, 2 months, 17 days i. Time Lost: None j. Previous Discharges: RA, (61029-080115)/HD k. Highest Grade Achieved: W02 l. Branch/Specialty: 890A0, Ammunition Technician m. GT Score: NA n. Education: Master’s Degree o. Overseas Service: Korea, SWA p. Combat Service: Iraq, (091130-100729) q. Decorations/Awards: ICM-3CS, MSM, ARCOM-5, AAM-7, AGCM-3 NDSM, AFEM, GWOTEM, GWOTSM, KDSM NPDR-2, ASR, OSR-6, NATO MDL, CAB r. Board of Inquiry: Yes s. Performance Ratings: Yes t. Counseling Statements: No u. Prior Board Review: No SUMMARY OF SERVICE: The applicant enlisted in the Regular Army on 29 October 1996, for a period of 2 years and 23 weeks. He was 18 years old at the time of entry and a high school graduate. On 16 January 2008, he was appointed as a Warrant Officer in the United States Army Reserve for an indefinite term. He served in Korea and Iraq and earned a MSM, five ARCOMs, seven AAMs, three ACGMs, and a CAB. He completed 11 years, 2 months, and 17 days of total military service. When his discharge proceedings were initiated, he was serving in Korea. SEPARATION FACTS AND CIRCUMSTANCES: 1. The evidence of record shows that on 4 April 2013, the applicant was notified of initiation of elimination proceedings under the provisions of Chapter 4, paragraph 4-2b(5) and 4-2c(1), AR 600-8-24, by reason of misconduct, moral or professional dereliction and derogatory information contained in his AMHRR. 2. The applicant was directed to show cause for retention in the Army because on 4 November 2012, he received a General Officer Memorandum of Reprimand (GOMOR), for having an inappropriate relationship with a contractor at Joint Base Balad, Iraq, while he was married to another woman and he received a referred Officer Evaluation Report (OER), dated 11 April 2010 through 8 October 2012, both which were filed in his AMHRR. He was advised that he could submit a voluntary resignation in lieu of elimination or submit a rebuttal and request an appearance before a Board of Inquiry. 3. On 29 May 2013, the applicant appeared with counsel before a Board of Inquiry (Show Cause Board). The Board found the allegation of substantiated derogatory activity resulting in a GOMOR, dated 4 November 2010, a referred OER, dated 11 April 2010 through 8 October 2012, filed in his AMHRR, and conduct unbecoming of an officer was supported by the preponderance of the evidence. The Board recommended separation with a general, under honorable conditions discharge. 4. The DA Ad Hoc Review Board recommended the applicant’s elimination action be accepted with issuance of a general, under honorable conditions discharge. 5. On 6 Jan 2014, 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 general, under honorable conditions. 6. The applicant was discharged from the Army on 30 January 2014, with a characterization of service of general, under honorable conditions. 7. The applicant’s service record does not contain any evidence of unauthorized absences or time lost. EVIDENCE OBTAINED FROM THE APPLICANT'S RECORD: 1. A GOMOR, dated 4 November 2010, for having an inappropriate relationship with Ms. V, a contractor at Joint Base Balad, Iraq, while married to someone else. 2. DASEB memorandum, dated 8 April 2014 and 26 March 2013, denied transfer of an administrative GOMOR, dated 4 November 2010, to the applicant’s restricted section of his AMHRR. 3. DA Form 214 reflects the applicant was honorably discharged from the Army in the grade of E-6. He completed 11 years, 2 months, and 17 days of active duty service. 4. Officer Record Brief, dated 7 January 2014, reflects the applicant had three deployments to Iraq. Two deployments were as an enlisted Soldier. 5. OSRB memorandum, dated 13 August 2013, denied the applicant’s appeal to correct a material error, inaccuracy, or injustice on a OER covering the period 11 April 2010 through 8 October 2010, while serving as a Chief Warrant Officer Two (CW2). 6. Six OERs covering the period 11 April 2008 through 14 June 2013. The applicant received five “Outstanding Performance/Must Promote” ratings and one “Unsatisfactory Performance/Do Not Promote” rating from his rater. He was rated as “Best Qualified” and received two “Above Center of Mass,” two “No Box Check,” and one “Not Evaluated” ratings from his senior raters (SRs). As a note, the misconduct was noted on his evaluation during the incident period. 7. DA Form 1059 (Service School Academic Evaluation Report), reflects the applicant successfully completed the Warrant Officer Basic Course (WOBC). 8. Orders Number 008-344-A-014, dated 8 January 2008, DA, HQs, US Army Garrison, Fort Rucker, Fort Rucker, Alabama, ordered the applicant to active duty for six years upon successful completion of the Warrant Officer Candidate Course (WOCC). 9. Memorandum of Appointment, dated 16 January 2008, appointed the applicant as a Reserve Warrant Officer, for an indefinite term. EVIDENCE SUBMITTED BY THE APPLICANT: The applicant provided an online application, dated 10 March 2014, and a DD Form 214. POST-SERVICE ACTIVITY: The applicant did not provide any in support of his application. REGULATORY AUTHORITY: 1. Army Regulation (AR) 600-8-24, Officer Transfers and Discharges, sets forth the basic authority for the separation of commissioned and warrant officers. 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. 2. AR 600-8-24, paragraph 1-22a, provides that an officer will normally receive an honorable characterization of service when the quality of the officer’s service has met the standards of acceptable conduct and performance of duty. An honorable discharge is a separation with honor and entitles the recipient to benefits provided by law. 3. A general under honorable conditions characterization of service will normally be issued to an officer when the officer’s military record is satisfactory but not sufficiently meritorious to warrant an honorable discharge. A separation under honorable conditions will normally be appropriate when an officer submits an unqualified resignation or a request for relief from active duty under circumstances involving misconduct which renders the officer unsuitable for further service, unless an under other than honorable conditions separation is appropriate. 4. Army Regulation 635-5-1 (Separation Program Designator (SPD) Codes) provides the specific authorities (regulatory or directive), reasons for separating Soldiers from active duty, and the SPD codes to be entered on the DD Form 214. It identifies the SPD code of "JNC" as the appropriate code to assign officers who are discharged under the provisions of Army Regulation 600-8-24, paragraph 4-2b, unacceptable conduct. DISCUSSION AND RECOMMENDATION: 1. The applicant’s request for an upgrade of the characterization of service and a change to the narrative reason for his discharge was carefully considered. However, after examining the applicant’s record of service, there are insufficient mitigating factors to merit an upgrade of the applicant's discharge or change to the narrative reason. 2. The record confirms that 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. It brought discredit on the Army and was prejudicial to good order and discipline. By his misconduct, the applicant diminished the quality of his service below that meriting an honorable discharge. 3. The applicant provided no corroborating evidence demonstrating that either the command's action was erroneous or that his service mitigated the unacceptable conduct or poor duty performance. Further, the applicant’s record contains no evidence of arbitrary or capricious actions by the command. It appears that all requirements of law and regulation were met and the rights of the applicant were fully protected throughout the separation process. 4. The records show the proper discharge and separation authority procedures were followed in this case. 5. Therefore, the reason for discharge and characterization of service being both proper and equitable, recommend the Board deny relief. SUMMARY OF ARMY DISCHARGE REVIEW BOARD HEARING: Type of Hearing: Records Review Date: 16 July 2014 Location: Washington, DC Did the Applicant Testify? No Counsel: Yes 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: No Change Change RE Code to: No Change 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) AR20140004846 Page 6 of 6 pages ARMY DISCHARGE REVIEW BOARD (ADRB) CASE REPORT AND DIRECTIVE 1