1. Applicant’s Name: a. Application Date: 29 April 2015 b. Date Received: 7 May 2015 c. Counsel: None 2. REQUEST, ISSUES, BOARD TYPE, AND DECISION: The applicant requests a change to the separation code reflected on his discharge to “JGB” and a change to the narrative reason. The applicant seeks relief contending, in effect, while serving as a commissioned officer he never received an Article 15 or was the subject of a Court Martial. He had only one adverse incident for which he received a General Officer Memorandum of Reprimand (GOMOR) and an adverse officer evaluation. He acknowledges his behavior was stupid and is ashamed of his actions. The incident which led to the adverse action occurred in October 2013, wherein he sent a few text messages through social media to an enlisted female Soldier. A subsequent investigation found he did not have a relationship with the enlisted Soldier, however his conduct was unprofessional and unbecoming of an officer and a gentleman. In December 2013, he received the GOMOR, but no action was taken to separate him from the Army. It was not until he was passed over for promotion that he was processed for discharge. Though there is a likely relationship between his failure to be promoted and his misconduct, the exact cause of his discharge can only be linked to him failing to be promoted. He continued to work hard after he received the GOMOR and believes the characterization of service is grossly inaccurate and has caused him to be barred from government service. He believes he is being punished for a lifetime for a minor incident wherein he was already punished. In a records review conducted at Arlington, VA on 3 August 2016, and by a 5-0 vote, the Board denied the request upon finding the separation was both proper and equitable. (Board member names available upon request) 3. DISCHARGE DETAILS: a. Reason/Authority/Codes/Characterization: Unacceptable Conduct / AR 600-8-24, Chapter 4-2b and 4-24a (1) / BNC / NA / Honorable b. Date of Discharge: 30 September 2014 c. Separation Facts: (1) Date of Notification of Intent to Separate: 20 February 2014 (2) Basis for Separation: The applicant was informed of the following reasons: Between 4 - 15 October 2013, the applicant contacted SPC A V directly via social networking site Facebook and engaged in periodic conversations with her that were inappropriate and unprofessional. On 23 December 2013, the applicant received a GOMOR for his actions. The GOMOR was filed in his Official Military Personnel File. Conduct unbecoming an officer as indicated by the above referenced GOMOR. (3) Recommended Characterization: Honorable (4) Legal Consultation Date: NIF (5) AD Hoc Board: On 28 August 2014, the AD Hoc review board considered the applicant’s request for resignation in lieu of elimination in accordance with AR 600-8-24, Chapter 4. (6) Separation Decision Date/Characterization: 15 September 2014 / Honorable 4. SERVICE DETAILS: a. Date/Period of Enlistment: 24 November 2010 (appointment) / Indefinite b. Age at Enlistment/Education/GT Score: 26 (appointment) / Bachelor’s Degree / NA c. Highest Grade Achieved/MOS/Total Service: O-2 / 11A, Infantry / 6 years, 8 months, 24 days d. Prior Service/Characterizations: RA, 30 January 2008 - 23 November 2010 / HD e. Overseas Service/Combat Service: SWA / Kuwait (1 January 2012 - 18 June 2012), Iraq (*8 July 2011 - 31 December 2011, 8 July 2011 - 31 December 2011) *combat service was not reflected on the applicant’s most recent DD Form 214 f. Awards and Decorations: ICM-3CS, ARCOM-3, AAM, MUC, NDSM, GWTEM, GWTSM, ASR, OSR-2, CIB g. Performance Ratings: 24 June 2011 - 31 December 2011, Fully Qualified 1 January 2012 - 9 October 2012, Best Qualified 10 October 2012 - 9 October 2013, Do Not Promote 10 October 2013 - 9 October 2014, Highly Qualified h. Disciplinary Action(s)/Evidentiary Record: The applicant provided a copy of a GOMOR, dated 23 December 2013, he received for conduct unbecoming an officer and gentleman for fraternizing with an enlisted female Soldier. Of note, the GOMOR is not filed in the applicant’s AMHRR as stated in the notification of initiation of elimination memorandum. i. Lost Time: None j. Diagnosed PTSD/TBI/Behavioral Health: None 5. APPLICANT-PROVIDED EVIDENCE: Online application, dated 29 April 2015; an undated self-authored letter; DD Form 214; GOMOR, dated 23 December 2013; copies of his officer evaluation reports; commander’s inquiry findings, dated 25 October 2013; initiation of elimination proceedings, dated 20 February 2014; and, 18 letters of support. 6. POST SERVICE ACCOMPLISHMENTS: None submitted with the application. 7. REGULATORY CITATION(S): Army Regulation 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. A discharge of honorable, general, or under other than honorable conditions characterization of service may be granted. 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. 8. DISCUSSION OF FACT(S): The applicant requests a change to the separation code reflected on his discharge to “JGB” and a change to the narrative reason. The applicant’s record of service, the issues and documents submitted with his application were carefully reviewed. 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 military personnel. It brought discredit on the Army, and was prejudicial to good order and discipline. 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, such that he should have been retained. Further, the applicant opted to resign in lieu of elimination IAW AR 600-8-24, Chapter 4. The AD Hoc Review Board recommended that the applicant’s resignation be accepted and the Deputy Assistant Secretary of the Army (Review Boards) approved his resignation and directed the applicant be separated per the governing regulation. The applicant contends the reason for the discharge should be changed because his separation was based on his failure to be promoted. However, the SPD code of “BNC” is the appropriate code to assign to officers who are separated under provisions of AR 600-8-24, Chapter 4, unacceptable conduct. The regulation further stipulates that no deviation is authorized. The applicant contends a change of the narrative reason of his discharge will allow him to obtain better employment. However, the Board does not grant relief for the purpose of gaining employment or enhancing employment opportunities. The applicant contends the event that caused his discharge from the Army was an isolated incident. Although a single incident, the discrediting entry constituted a departure from the standards of conduct expected of officers in the Army. The third party statements provided with the application speak highly of the applicant’s performance. They all recognize his professionalism and strong work ethic. However, the persons providing the character reference statements were not in a position to fully understand or appreciate the expectations of the applicant’s chain of command. As such, none of these statements provide any evidence sufficiently compelling to overcome the presumption of government regularity. The discharge was consistent with the procedural and substantive requirements of the regulation, was within the discretion of the separation authority, and the applicant was provided full administrative due process. 9. BOARD DETERMINATION: In a records review conducted at Arlington, VA on 3 August 2016, and by a 5-0 vote, the Board denied the request upon finding the separation was both proper and equitable. 10. BOARD ACTION DIRECTED: a. Issue a New DD-214: No b. Change Characterization to: No Change c. Change Reason to: No Change d. Change SPD/RE Code to: No Change e. Restore (Restoration of) Grade to: NA AUTHENTICATING OFFICIAL: COL, US ARMY Presiding Officer Army Discharge Review Board Legend: 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 BH – Behavioral Health HD - Honorable Discharge OAD - Ordered to Active Duty SPD - Separation Program Designator CG - Company Grade Article 15 IADT - Initial Active Duty Training OMPF - Official Military Personnel File TBI – Traumatic Brain Injury CID - Criminal Investigation Division MP – Military Police – PTSD – Post-Traumatic Stress Disorder UNC - Uncharacterized Discharge ELS – Entry Level Status MST – Military Sexual Trauma RE - Reentry UOTHC - Under Other Than Honorable Conditions FG - Field Grade Article 15 ARMY DISCHARGE REVIEW BOARD CASE REPORT AND DIRECTIVE AR20150008073 4