Applicant Name: ????? Application Receipt Date: 2011/03/29 Prior Review: Prior Review Date: NA I. Applicant Request: Upgrade Reason Change RE Code Change Issues: The applicant states, in effect, that he requests an upgrade of his discharge to fully honorable and a change to the narrative reason for separation. 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: 090903 Discharge Received: Date: 091022 Chapter: 4-2b AR: 600-8-24 Reason: Unacceptable Conduct RE: SPD: JNC Unit/Location: B Co, 203rd Bde Spt Bn, Fort Benning, GA 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: 30 Current ENL Date: 050624/OAD Current ENL Term: 03 Years 3 year additional obligation (080701) Current ENL Service: 04 Yrs, 03 Mos, 29 Days ????? Total Service: 11 Yrs, 01 Mos, 08 Days ????? Previous Discharges: RA-990913-030817/NA USAR (Cadet)-030818-050513/NA USAR-050514-050623/NA (Concurrent Service) Highest Grade: O-3 Performance Ratings Available: Yes No MOS: 91A Maintenance/Munition Materiel GT: NA EDU: BA (Criminal Justice) Overseas: Southwest Asia Combat: Iraq (070311-080520) Decorations/Awards: BS, ARCOM, NDSM, ICM-W/CS, GWOTSM, ASR, OSR, CAB V. Post-Discharge Activity City, State: Fort Mitchell, AL Post Service Accomplishments: None Listed VI. Facts, Circumstances, and Legal Basis for Separation a. Facts and Circumstances: The evidence of record shows that on 19 June 2009, the applicant was notified of initiation of elimination proceedings under the provisions of Chapter 4, paragraph 4-2b, AR 600-8-24, by reason of misconduct, moral or professional dereliction. The applicant was directed to show cause for retention on active duty by reason of misconduct for being arrested for reckless conduct for leaving his child unattended (060724); being arrested for criminal trespasssing, stalking, and reckless conduct (061013); being arrested for reckless conduct (070414); receiving a General Officer Memorandum of Reprimand (GOMOR), for driving under the influence (071007); and assaulting his wife (090529). He was advised that he could written statement, submit a written rebuttal statement, submit his resignation in lieu of further elimination, request discharge in lieu of elimination. On 2 September 2009, the applicant submitted a rebuttal statement under the provisions of Chapter 4, AR 600-8-24, in lieu of further elimination proceedings. The applicant was a probationary officer and therefore not entitled appear before a board of officers (Board of Inquiry). On 3 September 2009, the Commander, Headquarters, U.S. Army Infantry Center and Fort Benning, Fort Benning, GA, recommended approval of the applicant's separation under the provisions of Chapter 4, paragraph 4-2b, AR 600-8-24, with a general, under honorable conditions discharge. On 22 September 2009, the Deputy Assistant Secretary (Army Review Boards) approved the recommendation of the Army Ad Hoc Review Board, and directed that the applicant be discharged from the U.S. Army with a characterization of service of general, under honorable conditions. The applicant's record contains two (2) General Officer Memoranda of Reprimand, dated 5 November 2007, for driving under the influence and refusing to submit to an appropriate test, Adminstrative; and 19 June 2009, for driving under the influence of alcohol and assaulting his wife, Administrative. b. Legal Basis for Separation: Army Regulation 600-8-24 sets for the basic authority for Officer Transfers and discharges. Chapter 4 outlines the policy and procedure for the eliminating of officers from the active Army for substandard performance of duty, misconduct, moral or professional dereliction, and the interest of national security. c. Response to Issues, Recommendation and Rationale: After a careful review of all the applicant's military records for the term of service under review and the issues submitted with the application, the analyst determined that the evidence was not sufficiently mitigating to warrant an upgrade of the discharge under review. The evidence of record shows that the separation authority approved the applicant's discharge under the provisions of Chapter 4, paragraph 4-2b, AR 600-8-24, by reason of unacceptable conduct, with a characterization of service of general, under honorable conditions. 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. By his misconduct, the applicant diminished the quality of his service below that meriting a fully honorable discharge. The applicant requested a change to the narrative reason for separation. The narrative reason for separation is governed by specific directives. The applicant was discharged under the provisions of paragraph 4-2b, AR 600-8-24. The narrative reason specified by Army Regulations for a discharge under this paragraph is "Unacceptable Conduct" and the separation code is "JNC." Army Regulation 635-5, Separation Documents, governs preparation of the DD Form 214 and dictates that entry of the narrative reason for separation, entered in block 28 and separation code, entered in block 26 of the form, will be entered exactly as listed in tables 2-2 or 2-3 of AR 635-5-1, Separation Program Designator (SPD) Codes. The regulation further stipulates that no deviation is authorized. The applicant stated in the issues block 6, on the DD Form 172 equity and propriety: however, he did not submitt any actual issues of equity or propriety to be considered by the Board. Therefore, the analyst determined that the reason for discharge and the characterization of service were both proper and equitable and recommends to the Board to deny relief. VII. Summary of Army Discharge Review Board Hearing Type of Hearing: Date: 25 July 2011 Location: Washington, DC Did the Applicant Testify? Yes No Counsel: [ redacted ] Witnesses/Observers: No Exhibits Submitted: DD Form 293, dated (110118). The applicant submitted the additional documents; medical records and employee record consisting of seven (7) pages in support of his personal appearance hearing. VIII. Board Discussion, Determination, and Recommendation After carefully examining the applicant’s record of service during the term of service 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 to deny relief. IX. Board Decision XI. Certification Signature Board Vote: Approval Authority: Character - Change 0 No change 5 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: None Legend: AWOL Absent Without Leave GCM General Court Martial NA Not applicable SCM Summary Court Martial BCD Bad Conduct Discharge GD General Discharge NIF Not in the file SPCM Special Court Martial CG Company Grade Article 15 HD Honorable Discharge OAD Ordered to Active Duty UNC Uncharacterized Discharge DD Dishonorable Discharge HS High School Graduate OMPF Official Military Personnel File UOTH Under Other Than Honorable FG Field Grade Article 15 IADT Initial Active Duty Training RE Reentry Code Conditions ARMY DISCHARGE REVIEW BOARD - CASE REPORT AND DIRECTIVE Case Number AR20110006066 ______________________________________________________________________________ Page 1 of 3 pages