Application Receipt Date: 070326	

Prior Review    Prior Review Date: 070205/Records Review

I.  Applicant Request
Request:  Upgrade     Reason Change     RE Code Change    

Issues: See applicant's attached DD Form 293 and supporting documents.

II.  Were Proper Discharge and Separation Authority procedures followed?  
Yes    No        Tender Offer:   ?????

See Attachments:  Legal     Medical     Minority Opinion     Exhibits 

III.  Original Character of Discharge
Unit CDR Recommended Discharge:    Date: 050526
Discharge Received:     Date: 051020   
Chapter: 3-13    AR: 600-8-24
Reason: In Lieu of Trial by Court-Martial
RE:     SPD: DFS
Unit/Location: C Battery, 3d Battalion, 30th FA Regiment, Fort Sill, OK 73503 

Time Lost: None

Article 15s (Charges/Dates/Punishment): 041118/Falsified PCS Orders to the property manager of Sharidan Square Apartment, Lawton, OK, in order to break his lease on or about (040913)/(General Officer)

041214/The punishment of forfeiture of $1,804.00 per month for two months imposed on the applicant on 041204 was mitigated to forfeiture of $1000.00 pay per month for two months, suspended until (050215).

050211/Vacation of Suspension for Article 15 received on (041214), (Forfeiture of $1,000.00 pay per month for two months, suspended until (050215), applicant with the intent to deceive, made a false official statement to a (CPT), that he needed to miss class because his wife had a miscarriage on or about (041203); with intent to defraud, requested a military pass under false pretenses on or between (041203 and 041204); assaulted his wife by wrestling her to the floor and putting her in a choke hold on or bout (050130), and engaged in e-mail conversations in which he inappropriately solicited women to engage in romantic or sexual relationships with him despite his status as a married man between on or about (050120 and 050130).

Court-Martials (Charges/Dates/Punishment): None

Counseling Records Available: Yes    No 

IV.  Soldier’s Overall Record
DOB:   
Current ENL Date: 990606/OAD    Current ENL Term: Indef Years  (The applicant's DD Form 214 Item 12a "Date Entered AD This Period" incorrectly shows date as: year 1998, month 07, day 25, should read year 1999, month 06, day 06, based on information orders found in the applicant's records ordering him to active duty on (990606)).
Current ENL Service: 06 Yrs, 04Mos, 15Days ?????
Total Service:  12 Yrs, 02Mos, 04Days ?????
Previous Discharges: USAR-930817-931013/NA
                                      ADT-931014-940325/UNC
                                      USAR-940326-960910/NA
                                      USAR-960911-990605/NA
Highest Grade: CPT
Performance Ratings Available: Yes    No 
MOS: 13A (Field Artillery)   GT: NA   EDU: BS Degree   Overseas: Germany, Southwest Asia   Combat: Iraq (040130-040710)
Decorations/Awards: ARCOM, AAM (2d Award), NDSM (2d Award), Kosovo Campaign Medal, ASR, NM, GWOTEM, GWOTSM, Parachutist Badge, Certificates of Achievements (8)
V.  Post-Discharge Activity
Home of Record: 
Current Address: 
Post Service Accomplishments: None Listed

VI.  Facts, Circumstances, and Legal Basis for Separation

      a.  Facts and Circumstances:
      Evidence of record shows that on 26 May 2005, the Commander, United States Army Field Artillery Center and Fort Sill, Fort Sill, Oklahoma 73503-5000, notified the applicant of initiation of elimination proceedings under the provisions of Chapter 4, AR 600-8-24, by reason of misconduct, moral or professional dereliction (with intent to defraud, provided falsified PCS Orders to the property manager of Sharidan Square Apartment, Lawton, OK, in order to break his lease on or about 13 September 2004; absent himself from his unit without authority on or about 3 December 2004 until 4 December 2005 (which should be 2004); and engaged in e-mail conversations in which he inappropriately solicited women to engage in romantic or sexual relationships with him despite his status as a married man).  The applicant was directed to show cause for his retention on active duty because of misconduct.  He was advised that he could submit a voluntary resignation in lieu of elimination or submit a rebuttal and request an appearance before a Board of Inquiry.  On 8 July 2005, the applicant voluntarily tendered his resignation from the service under the provisions of Chapter 4, AR 600-8-24, resignation in lieu of further elimination proceedings.  The applicant consulted with legal counsel, was advised of the impact of the discharge action, waived consideration of his case by an administrative separation board and did not submit a statement in his own behalf.  He understood that if his resignation was accepted, he could receive an honorable, general, under honorable condition, or an under other than honorable conditions discharge.  On 21 July 2005, the Commander, United States Army Field Artillery Center and Fort Sill, Fort Sill, Oklahoma 73503-5000, recommended that the applicant be eliminated from the service with an under other than honorable conditions discharge.  The Ad Hoc Review Board met, and on 6 September 2005, the Deputy Assistant Secretary (Army Review Boards) accepted the applicant resignation in lieu of elimination, approved the recommendation of the Army Ad Hoc Review Board, and directed that he be discharged from the U.S. Army with a characterization of service of under other than honorable conditions.
      
      The applicant's DD form 214 (Certificate of Release or Discharge from Active Duty) indicates that the applicant was discharged under the provisions of AR 600-8-24, paragraph 3-13 by reason of in lieu of trial by court-martial, with a characterization of service of under other than honorable conditions.  Furthermore, the DD Form 214 shows a Separation Code of DFS (i.e., in lieu of trial by court-martial).

      b.  Legal Basis for Separation:  
      Army Regulation 600-8-24 sets for the basic authority for officer transfers and discharges.  Chapter 4 outlines the policy and procedure for eliminating an officer from the Army for substandard performance of duty, misconduct, moral or professional dereliction, and the interest of national security.

      c.  Response to Issues, Recommendation and Rationale:  
      After careful review of all the applicant's military records for the term of service  under review, documents, and issues he submitted, the analyst recommend that relief be denied in this case. The evidence of record shows that the separation authority approved the applicant's discharge under the provisions of AR 600-8-24, Chapter 4, paragraph 2b, unacceptable conduct with a characterization of service of under other than honorable conditions.  The analyst concluded that by his misconduct, the applicant diminished the overall quality of his service below that meriting a general, under honorable conditions discharge. The applicant provided no independent corroborating evidence demonstrating that either the command's action was erroneous or that the applicant’s service mitigated the misconduct.  The analyst was satisfied that all requirements of law and regulation were met and the rights of the applicant were fully protected throughout the separation process.  Therefore, the analyst determined that the reason for discharge and the characterization of service were both proper and equitable.  
      
      Additionally, the analyst notes that the applicant's DD form 214 (Certificate of Release or Discharge from Active Duty) indicates that the applicant was discharged under the provisions of AR 600-8-24, paragraph 3-13 by reason of in lieu of trial by court-martial, with a characterization of service of under other than honorable conditions, and shows a Separation Code of DFS (i.e., in lieu of trial by court-martial).  However, the records show that the applicant was discharged under the provision of Chapter 4, AR 600-8-24, paragraph 4-2b.  Therefore, the analyst recommends that the applicant's DD Form 214 be administratively corrected to show in item 25 (Separation Authority) "AR 600-8-24 Paragraph 4-2b", item 26 (Separation Code) "BNC", and item 28 (Narrative Reason for Separation) "Unacceptable Conduct."

VII.  Summary of Army Discharge Review Board Hearing 

Type of Hearing: 			Date: 15 October 2007              
Location: Washington, DC

Did the Applicant Testify?  Yes     No  

Counsel: ?????

Witnesses/Observers: ????? 

Exhibits Submitted: ?????

VIII.  Board Decision
The discharge was:			Proper	 	Improper	
				                 	Equitable	 	Inequitable	

The characterization of service was:   Proper	 	Improper	
				                 	Equitable	 	Inequitable	

The narrative reasons were: 	       	Equitable	 	Inequitable	

DRB voting record:  		      Change ?????    No change ?????   - Character
		 			      Change ?????    No change ?????   - Reason
					      (Board member names available upon request)

IX.  Board Discussion, Determination, and Recommendation
?????

Case report reviewed and verified by: , Examiner									        
X.  Board Action Directed
No Change 
Issue a new DD Form 214  
Change Characterization to:    
Change Reason to: ?????
Other: ?????
RE Code:  
Grade Restoration:   No   Yes  Grade: ?????

XI.  Certification Signature and Date
Approval Authority: 

MARK E. COLLINS
Colonel, U.S. Army
President, Army Discharge Review Board

Official: 


CHRISTINE U. MARTINSON			DATE: 19 October 2007
Lieutenant Colonel, U.S. Army
Chief, Secretary Recorder
ARMY DISCHARGE REVIEW BOARD - CASE REPORT AND DIRECTIVE