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Case 1:14-cv-01503-LMB-TCB Document 17-3 Filed 01/13115 Page 40 of 55 PagelD# 160

Appointed by

Commander) U.S. Army Military District of Washing[oll

.. ----'i(A';cp::p::o';:h"tin::g::.:cu~tho::r::;~::)'------------ - - - - - - -

on _ _2_6_F_e_b"ru;:a"r Y_2_0_1_3__ (Altach inclosure 1: Letter of appoinrmsnr or summary of Ofat aPPOintment data.} (See para. 3- 1S, AR
(Date)f

ne

(Irwestigation) (board)

commenced at Conference Room, Building 32, Fort McNair, DC 20319

on

19 July 2013

pJace.r~sons present and absent,

(If a formaJ board

0900

at
--~

(Place)

end8d. the

15-6.)

mel f()( more than one sessiOn, check here

(Time)

0, Indicate in an Inclos(J{8 tM hme each session began and

and explanation of absences, if any.), The following persons (membsrs, fBsponden.'s, counsel) were

present (After each name:, fndica.te capacity, e.g., President, Recorder, Member, Legar Advisor.)

Todd E. Key (President)
Ves•• Elc (Member)
John C. Paglianito (Member)
Alan Wehbe (Recorder)
Christopher P. Downey (Respondent)
Joe B. Kobs (Counsel for the Respondent)
Stephen E. Chappell (Reporter)

The following persons (members, respondents, evunsel) were absBnt: (Include brief explan8liOn of each BbsenCe:I.) (See Pflr8S 5-2 and 5-8a, AA 15-6)

TC William D. McGarrity (Excused by CAl
Kenneth K. Williams (Excused by CAl
Blakeslee A. Olnnors (Excused hy CAl

The

(invosNgafing officer) (board)

and completed findings and

finished galherina/hearlng evldenoe at

0900

------r(f;"Im"."')------

(DalG)

---.~,---.

19

1540

wim Roman numerals:

19 July 2m 3

an

2013

ordor

unusual delays, difficultios, Irregularities, or other pr{)ble(l1s

GZlUD

that Ihe cIrcumstances described In jhe qUIJstiofl did nat occur in this invesligatron
EDITION OF NOV 77 IS OBSOLETE,

I of 4

PIJ(j/lt]

P!:\l130

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Case 1:14-cv-01503-LMB-TCB Document 17-3 Filed 01/13/15 Page 41 of 55 PagelD# 161

or considered as evidence IndividUally nl.lmbered or

as

000
as

f. 1$ each wrlnen stipulation attached as all exhibit and Is each orat stipulation either reduced to writing and made an
exhibit or recordod in a verbatim record?

g.

is a statement of the matter

were not pres.ent \!.then the hoard
'themselves ...nth that evidence (para. 5-2d,

c. If milltary counsel was requested but not made available, ,'s a copy (or, ;for81. a summary) of the raquest and Iha
action taken on it inclUij(ld in !he raport (para 5-6b, AR 15-6)?

If requested, did lhe recorder assist the respondent In obtaining evidence in possession of the Government and
arrangIng for the presenCe of INitnessas (para f5.8b, AR 15-6)?
which were denied indicated in the repart of proceedings or in an
Inctosure or

bZlOLJ

G']OO

attached sheet.
8 posit;ve representation that the circumstances desClibed in tfle question did nor oew;;n this Inves,igalion

Page 2 of 4 pages, VA Form 1574, Mar 1983

APDPE

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Case 1:14-cv-01503-LMB-TCB Document 17-3 Filed 01/13/15 Page 42 of 55 PagelD# 162
.
SECTION IV - FINDINGS

The

(para 3-10, AA 15-6)

(investigating Dfficer) (board) ,having carefully considered the evidence,

SECTl~ V _ RECOMMENDATIONS

In view of the above fjndlngs~i-he-l--in-ve-s-tlc-'g.--tC-in"'g"'offl::,:c"er) (board) recommends:

fl~ds:

(para 3·11,

Afl ,!~5-c:!61~_ _ _ _ _ _ _ _ _ _ _ _ . __ ..

See Attached,

page 3 of 4 pages, DA' Form 1574, Mar 1983

APO PE v1.:)O

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Case 1:14-cv-01503-LMB-TCB Document 17-3 Filed 01/13/15 Page 43 of 55 PagelD# 163

SECTION VI ~AUTHENTICATJON (para 3·17, Ali 1(;..6)
- - - - ; - THiS REPORT OF PROCEEDINGS IS COMPLETE AND ACCURATE, (If any voting m8mber or the recorder fails to sign here orin Sect/on VII

below, indicate the reason In the space where his signature should appear,)

~

;1;02ff5:-

CPT Alan Wehbe

\'!

,~g~:r) (Pr.s""'n~
"1 ['I _'\
~ n C. Paglianite

,.Y:
~
sna

E

e ,_____ "

{Membor)

~
--------

(Member)

SECTION VII - MINORITY REPORT

'--To the extent indicated in Inclosure

-

(Member)

--

(M6mber)

(para 3-13. AR 15-8)

, Ihe Ul1d€l($!gneo dc(es) not concur In the findings and recommendations of the board.

(In the inclosure, identify by number each finding and/or recommendation' (n which the dissenting mBmber(s) do(es) not concur. Stare the
reasons fOl' disagreement. Additionaf/substitute findIngs andlor recommenda.tions may be Included in the inolosure.)

(Member)

(Member)

"'"---

b-"'

,
"_
SECTION VIII ~ ACTION BY APPOINTING AUTHORITY (e.ara 2"3, AR ~?:.6)
The findings and recommendations of the (investigating offlcer) (board) are (approved) (disapproved) (approved ,with fol/owing exceptions;
subsfitutions). (If the appointing authorIty returns the proceedings to the investigating officer or board for further proceedings or
COITective action, attach that correspondence (or a summary, if oral) as a numbered inclosure.)

c

JEFFREY S. BUCHANAN, Major General US Armv, Commandine
Page 4 of 4 pages, DA Form 1574, Mal 1983

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Case 1:14-cv-01503-LMB-TCB Document 17-3 Filed 01/13/15 Page 44 of 55 PagelD# 164

FINDINGS AND RECOMMENDATIONS
In the administrative elimination board convened to determine whether LTC CHRISTOPHER P.
DOWNEY, Headquarters Company, U.S. Army, should be separated from the Army prior to Ihe
expiration oflhe Soldier's current term.of service, under the provisions of AR 600·8·24, paragraph 4·
2(b), for misconduct, moral or professional dereliction, the board, in a closed session and upon secret
ballot with a majority vote taken, has made the following findings and recommendations:

FINDINGS
The board, having carefully considered the evidence before it, finds:
The allegation of derogatory activity res(Win~ a referred Officer Evaluation Report, in the
notification of proposed separation, (is) IS not) upported by a preponderance of the evidence.
The allegation of conduct unbecoming an officer, in the notification of proposed separation, (is'.l('ili)
.

(3 supported by a preponderance of the evidence.
The findings

(do)~arrant separation with respect to LTC CHR[STOPHER P. DOWNEY.
RECOMMENDATIONS

[n

view of the above findings, the board recommends that LTC CHRISTOPHER P. DOWNEY be:

V<tained in the United States Army.
Retained in the United States Army and rehabilitativeiy transferred.
Separated from the United States Army with an honorable characterization of service.
Separated from the United States Army with a general (under honorable conditions)
characterization of service.
_ _ Sep'lrated from the United States Army with an unde
of service.

~
COL TODD E. KEY
Board President

Recorder

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