Applicant Name: ????? Application Receipt Date: 2008/05/08 Prior Review: Prior Review Date: NA I. Applicant Request: Upgrade Reason Change RE Code Change Issues: See enclosed DD Form 293 submitted by the applicant. 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: 010301 Discharge Received: Date: 010606 Chapter: 3-13 AR: 600-8-24 Reason: In Lieu of Trial by Court-Martial RE: SPD: DFS Unit/Location: Medical Co B, Tripler Army Medical Center, Hawaii Time Lost: AWOL for 6 days (010214-010219), mode of return unknown. Article 15s (Charges/Dates/Punishment): 001024, the record contains an unexecuted Article 15, which the applicant demanded trial by Court-Martial. Courts-Martial (Charges/Dates/Punishment): None Counseling Records Available: Yes No IV. Soldier’s Overall Record Age at current enlistment: 29 Current ENL Date: 990605 Current ENL Term: 5 Years ????? Current ENL Service: 01 Yrs, 11Mos, 20Days ????? Total Service: 11 Yrs, 08Mos, 10Days Item 12e on the DD Form 214, total prior inactive service is incorrect, should read 09 Yrs, 08 Mos, 20 Days, to credit him for service as a cadet/student. Previous Discharges: USAR-Cadet-890926-921231/NA USAR-ROTC-930101-940800/NA USARCG-940800-990605/NA Highest Grade: 0-3 Performance Ratings Available: Yes No MOS: 62B Field Surgeon GT: NA EDU: MD (Osteopathy) Overseas: Hawaii Combat: None Decorations/Awards: None V. Post-Discharge Activity City, State: San Antonio, TX Post Service Accomplishments: None Listed VI. Facts, Circumstances, and Legal Basis for Separation a. Facts and Circumstances: Evidence of record shows that on 24 January 2001, the applicant was charged with failure to report x 21 between (000321-000322), (000830-000831), (000905-000908), (000911), (001023), (001025), (001108), between (001114-001117), between (001120-001122), and between (001127-001128). On 8 February 2001, the applicant was additional charged with AWOL (010201-010208), disobeyed a lawful command from a CPT x 24 between (000125-010126), between (0010129-010131), (010201-010202), between (010205-010209), between (010212-010216), between (010219-010223), between (010226-010227). On 8 March 2001, the applicant was additional charged with with AWOL (010214-010220), failure to report x 26 (001201), between (001205-001208), between (001212-001215), (001218), (001226), (001228), between (010102-010104), between (010116-010119), between (0101-22-010127). On 26 January 2001, the applicant voluntarily tendered his resignation in lieu of trial by a General Court-Martial under the provisions of Chapter 3-13, AR 600-8-24. The applicant was advised of his rights and understood that if his resignation was accepted, he could receive any type of discharge as determined by Headquarters DA. On 21 March 2001, the Commander, Headquarters 25th Infantry Division, Schofield Barracks, HI, recommended approval of the applicant's resignation in lieu of trial by a General Court-Martial, with issuance of an under other than honorable conditions discharge. The Ad Hoc Review Board met; and on 3 May 2001, the Deputy Assistant Secretary (Army Review Boards) approved the recommendation of the Army Ad Hoc Review Board, accepted the applicant's resignation and directed that the applicant be discharge with a characterization of service of under other than honorable conditions. b. Legal Basis for Separation: Army regulation 600-8-24 prescribes the policies and procedures governing the transfer and discharge of Army officer personnel. Chapter 3, Paragraph 3-13 outlines the rules for processing requests for resignation for the good of the service in lieu of trial by a general court-martial. c. Response to Issues, Recommendation and Rationale: After a careful review of all the applicant’s military records during the term of service under review and the issues he submitted, the analyst found no mitigating factors that would merit an upgrade of the applicant's discharge. The evidence of record shows that the applicant was charged with the commission of offenses punishable under the Uniform Code of Military Justice with a punitive discharge. The applicant voluntarily requested resignation in lieu of trial by general court-martial under the provisions of Chapter 3, AR 600-8-24. The appropriate authority approved the applicant's request and issuance of an under other than honorable conditions characterization of service. The analyst concluded that by his misconduct, the applicant diminished the overall quality of his service below that meriting a fully honorable or general, under honorable conditions discharge. Furthermore, the analyst noted the applicant's issue; however, if the applicant desires to reenlist, he should contact the local recruiter to determine his eligibility to reenlist. Those individuals can best advise a former service member as to the needs of the of a particuliar branch of service at the time. In view of the foregoing, the analyst determined that the reason for discharge and the characterization of service remains both proper and equitable and recommends to the Board to deny relief. VII. Summary of Army Discharge Review Board Hearing Type of Hearing: Date: 27 February 2009 Location: Washington, DC Did the Applicant Testify? Yes No Counsel: NA Witnesses/Observers: NA Exhibits Submitted: NA VIII. Board Discussion, Determination, and Recommendation After carefully examining the applicant’s record of service during the period of enlistment under review 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 ARMY DISCHARGE REVIEW BOARD - CASE REPORT AND DIRECTIVE Case Number AR20080007520 ______________________________________________________________________________ Page 1 of 3 pages