IN THE CASE OF: Mr. BOARD DATE: 15 April 2015 CASE NUMBER: AR20140004058 ___________________________________________________________________________ Board Determination and Directed Action 1. After carefully examining the applicant’s record of service during the period of enlistment under review and notwithstanding the analyst’s Discussion and Recommendation which follows, the Board determined the discharge is inequitable. The Board found the quality of the applicant's service (i.e., honorable discharge from prep school), and the circumstances surrounding his discharge (i.e., the applicant was recommended for retention by the faculty, tactical officers, an internal board, and the AR 15-6 officer), mitigated the discrediting entry in his service record. 2. Accordingly, the Board voted to grant relief in the following manner: a. block 24, characterization of service changed to Honorable, b. block 25, separation authority changed to AR 210-26, paragraph 6-16, c. block 28, narrative reason for separation changed to Violation of the Cadet Honor Code. 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 discharge characterization from general, under honorable conditions to honorable and a change to the narrative reason for separation. 2. The applicant submitted several issues of equity and propriety regarding his discharge from US Military Academy at West Point. The ADRB can review the reason for separation from the Army and characterization of service set forth on the DD Form 214. It cannot set aside the disenrollment from USMA or the general court-martial conviction. DISCHARGE UNDER REVIEW INFORMATION: a. Application Receipt Date: 4 March 2014 b. Discharge received: General, Under Honorable Conditions c. Date of Discharge: 27 June 2010 d. Reason/Authority/SPD/RE: Misconduct Investigation, AR 210-26, paragraph 6-12, and AR 612-205 e. Unit of assignment: Cadet Detachment, United States Military Academy, Company A-1, West Point, NY f. Current Enlistment Date/Term: 28 June 2010, NIF/Cadet g. Current Enlistment Service: 2 years, 11 months, 29 days h. Total Service: 3 years, 11 months, 10 days i. Time Lost: NA j. Previous Discharges: USMA Prep School (090717-100627)/HD k. Highest Grade Achieved: Cadet l. Military Occupational Specialty: NA m. GT Score: NA n. Education: 2nd year cadet o. Overseas Service: None p. Combat Service: None q. Decorations/Awards: NDSM, GWOTSM r. Administrative Separation Board: No s. Performance Ratings: No t. Counseling Statements: No u. Prior Board Review: No SUMMARY OF SERVICE: The applicant enlisted in the US Army Reserve on 17 July 2009, for a period of 8 years and entered the United States Military Academy Prep School as a student. He was 19 years old at the time; he was released from active duty on 27 June 2010, with an honorable characterization of service and entered the United States Military Academy on 28 June 2010. His record does not document any acts of valor or significant achievements. He was a cadet at West Point, NY when he was separated. SEPARATION FACTS AND CIRCUMSTANCES: 1. The applicant’s service record contains the specific facts and circumstances concerning the events which led to the discharge from the Army. However, the Board can only consider the characterization of the applicant’s service and the narrative reason as annotated on his DD Form 214. The record contains a properly constituted DD Form 214 (Certificate of Release or Discharge from Active Duty), which was authenticated by the applicant’s signature. 2. The DD Form 214 indicates on 26 June 2013, the applicant was discharged under the provisions of AR 210-26, paragraph 6-12 and AR 612-205, by reason of a misconduct investigation, with a characterization of service of general, under honorable conditions. The investigation confirmed the applicant had been convicted by a general court-martial of making a false official statement. Under provisions of the cited regulations, such a conviction established a basis for disenrollment from USMA and administrative separation from the Army. EVIDENCE OBTAINED FROM THE APPLICANT'S RECORD: The record did contain relevant information regarding his narrative reason for separation and the characterization of service for the period of under review. EVIDENCE SUBMITTED BY THE APPLICANT: The applicant provided a DD Form 293, with a continuation of issues (three pages); a DD Form 214; letter from Criminal Law Division, Office of The Judge Advocate General; letter, regarding amendment to documents; letter, Case Management Division; General Court- Martial Order Number 1, (two pages); letter, Superintendent, West Point; discharge orders 175-1; findings and recommendations memoranda for record; legal review of misconduct investigation (three pages); final disposition on misconduct investigation recommendation memorandum; limited delegation memorandum; delegation of separation and discharge authority; and a limited delegation of separation and discharge authority memorandum. POST-SERVICE ACTIVITY: The applicant stated he works full time at a warehouse and will reenter Shippensburg University to finish his bachelor’s degree and apply for law school. REGULATORY AUTHORITY: 1. Army Regulation AR 210-26, paragraph 6-12 and AR 612-205, set forth the basic authority for appointment and separation of Service Academy Attendees. Chapter 7 establishes policy and prescribes procedures for separating members for reasons other than physical disability. A member separated under this chapter will be processed under provisions of Table 3. 2. AR 210-26, paragraph 6-12 and AR 612-205, identifies the reason for separation of cadets who are discharged under the provisions of these Regulations, as misconduct. DISCUSSION AND RECOMMENDATION: 1. The applicant’s request for an upgrade of the characterization of his discharge and a change to the narrative reason for separation was carefully considered. However, after examining the applicant’s available military records and the documents submitted with the application, there are insufficient mitigating factors to merit an upgrade of the characterization of his discharge or a change to the narrative reason for separation. 2. The applicant was convicted by a general court-martial of making a false official statement. The Office of the Judge Advocate General found no legal error in reviewing the conviction. Under the cited regulations, the conviction formed an authorized basis for the applicant’s disenrollment from USMA and his administrative separation from the Army. The separation proceedings were properly conducted. Although the applicant sought to attack the impartiality of the separation authority, the evidence presented does not demonstrate the separation authority’s decision was based on an improper reason or influenced by other than legitimate considerations. 3. The military record confirms the applicant’s discharge was appropriate because the quality of his service was not consistent with USMA standards for service academy attendees and performance of duty by a cadet. It brought discredit on the academy, and was prejudicial to good order and discipline, the applicant diminished the quality his service below that meriting a fully honorable discharge. 4. The applicant requested a change to the narrative reason for the discharge. However, AR 210-26, paragraph 6-12 and AR 612-205, Table 3, Rule 6 identifies the reason for separation of cadets who are discharged under the provisions of these regulations, as misconduct. 5. The applicant submitted several issues of equity and propriety regarding his discharge from the US Military Academy at West Point. However, the ADRB found no issues of impropriety or inequity in the reason for separation from the Army and characterization of service set forth on the DD Form 214. The ADRB cannot set aside the disenrollment from USMA or the general court-martial conviction, nor does it appear based on the available evidence that such action would be justified. If the applicant desires to challenge the disenrollment from USMA, he should apply to the Army Board for Correction of Military Records. 6. Therefore, the reason for discharge and the characterization of service being both proper and equitable, the analyst recommends the Board deny relief. BOARD DETERMINATION AND DIRECTED ACTION 1. After carefully examining the applicant’s record of service during the period of enlistment under review and notwithstanding the analyst’s Discussion and Recommendation which follows, the Board determined the discharge is inequitable. The Board found the quality of the applicant's service (i.e., honorable discharge from prep school), and the circumstances surrounding his discharge (i.e., the applicant was recommended for retention by the faculty, tactical officers, an internal board, and the AR 15-6 officer), mitigated the discrediting entry in his service record. 2. Accordingly, the Board voted to grant relief in the following manner: a. block 24, characterization of service changed to Honorable, b. block 25, separation authority changed to AR 210-26, paragraph 6-16, c. block 28, narrative reason for separation changed to Violation of the Cadet Honor Code. SUMMARY OF ARMY DISCHARGE REVIEW BOARD HEARING: Type of Hearing: Records Review Date: 15 April 2015 Location: Washington, DC Did the Applicant Testify: NA Counsel: yes [redacted] Witnesses/Observers: NA Board Vote: Character Change: 4 No Change: 1 Reason Change: 4 No Change: 1 (Board member names available upon request) Board Action Directed: Issue a new DD Form 214: Yes Change Characterization to: Honorable Change Reason to: Violation of the Cadet Honor Code Change Authority for Separation: AR 210-16, Paragraph 6-16 Change RE Code to: NA 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) AR20140004058 Page 5 of 5 pages ARMY DISCHARGE REVIEW BOARD (ADRB) CASE REPORT AND DIRECTIVE 1