DRB  SUMMARY
DRB DOCKET 2012-027
NAME
03
CURRENT DD-214
Under Honorable Conditions, 12.A.7, BNC, Unacceptable Conduct, NA
RELIEF REQUESTED
Honorable; Narrative Reason to .Completion of Required Active Service'
RELIEF GRANTED 
BY DRB
None
CORRECTIONS
None
TIS
17 yrs, 3 months, 14 da s
Policy Implications 
None
EXECUTIVE SUMMARY: The Applicant resigned their commission with an under honorable conditions 
character of service, and a narrative reason for separation of unacceptable conduct. The applicant submitted a 
request for unqualified resignation in early 2009 in lieu of court martial as a provision of the charges being 
disposed of at mast vice court martial. The Applicant acknowledged the conduct unbecoming an officer and 
was found to have violated the UCMJ in which NJP punishment was awarded. In the applicant's request for 
resignation, it reads that the applicant "may receive a discharge under other than honorable conditions" and 
that the entire service record is taken into consideration in upgrading the character of service.
The applicant appeared in person before the Board and presents that post-separation-- completion of 
Associates and Bachelors degrees, and being employed at an academic institution. The applicant contends that 
the basis for the resignation and the charges leading to the Discharge were unfounded, and therefore the 
character of service should be upgraded to honorable, and the narrative reason should be changed to 
completion of required active service.
The Board finds no issues with propriety or equity in this case. The Applicant was afforded applicable due 
process and voluntarily elected resignation in lieu of court martial. The case was disposed of at NJP and the 
applicant was found to have violated Article 133, Conduct unbecoming of an officer.
The applicant presents that the sexually explicit materials given to the victim in this case were never proven to 
be created and passed by them. This post separation sentiment is not consistent with the following two actions: 
the unqualified resignation request made by the applicant in the Spring of 2008 (pre NJP) which was not 
approved. And, the resignation request made in early 2009 (after the NJP proceeding) in which the applicant 
stated in fact creating the erotic disc given to the victim in addition to sending messages to the victim on 
match.com and myspace accounts.
The applicant spends the majority of the 30 page petition provided pointing out how the victim was not a 
credible source. The applicant also states not being supported in previous work situations by the chain of 
command. Lastly, the applicant attempts to cite a similar sexual harassment case in an attempt for greater 
immunity on the character of service. The Board has reviewed all items and testimony provided by the 
applicant. There was nothing within the application, petition, or 41 attachments that refute or upgrade the 
findings of the applicant's separation.
Final Adjudication by Assistant Commandant For Human Resources: Concur with Board. No relief.