| Mr. Carl W. S. Chun | Director | |
| Mr. Jessie B. Strickland | Analyst |
| Mr. Luther L. Santiful | Chairperson | |
| Mr. Lester Echols | Member | |
| Mr. Frank C. Jones | Member |
APPLICANT REQUESTS: In effect, that he be placed on the Retired List.
APPLICANT STATES: That at the time of his discharge, he had 19½ years of service and he believes he is entitled to a 15-year retirement.
EVIDENCE OF RECORD: The applicant's military records show:
He enlisted on 19 September 1978, for a period of 3 years and training as a medical specialist. He remained on active duty through a series of continuous reenlistments and was promoted to the pay grade of E-6 on 1 September 1984.
He was honorably discharged on 17 March 1988 to accept a United States Army Reserve (USAR) appointment as a warrant officer one (WO1) with a concurrent call to active duty. He was appointed to the rank of WO1, as a physician's assistant on 18 March 1988 and was ordered to active duty the same day. He was promoted to the rank of CW2 on 21 April 1989.
On 12 May 1994, he was commissioned as a USAR first lieutenant in the Medical Specialist Corps. He was promoted to the rank of captain on 1 November 1995.
On 23 May 1997, charges were preferred against the applicant for dereliction of duty, for wrongfully engaging in an affair with a trainee, for providing alcohol to minors, and for using his government credit card for personal use.
In a pre-trial agreement, the applicant agreed to accept nonjudicial punishment for three of the charges against him, and to submit a request for resignation in lieu of trial by court-martial.
On 12 August 1997, he submitted his resignation for the good of the service in lieu of trial by court-martial. Meanwhile, on 19 September 1997, nonjudicial punishment was imposed against him for dereliction of duty, wrongfully engaging in a personal relationship with a trainee and for using his government credit card for personal use. His punishment consisted of a forfeiture of pay (suspended for 6 months), restriction (suspended for 6 months) and a written reprimand.
His resignation was forwarded to the Department of the Army Ad Hoc Review Board, which unanimously voted to accept his resignation and recommended that he be discharged under other than honorable conditions. The recommendation was approved by the Assistant Secretary of the Army (Manpower and Reserve Affairs) on 9 October 1997, who directed that he be discharged under other than honorable conditions.
Accordingly, he was discharged under other than honorable conditions on 13 November 1997, under the provisions of Army Regulation 600-8-24, paragraph 3-13, in lieu of trial by court-martial. He had served 19 years, 1 month and 24 days of total active service.
On 30 March 2000, he applied to the Army Discharge Review Board (ADRB) for an upgrade of his discharge to honorable, contending that his discharge was inequitable, given it was based on one incident over 19 years of service. He was granted a personal appearance before the ADRB on 10 July 2000. The ADRB accepted his contention and upgraded his discharge to a general discharge on 14 July 2000.
In 1993, Congress approved the use of a Temporary Early Retirement Authority (TERA) as a drawdown tool. This measure allowed the Army to offer early retirement to certain soldiers who have at least 15, but not yet 20 years of service. Early retirement is not an entitlement and the Army offered it only to selected soldiers in excess grades and skills. In 1998, the TERA was limited to Army Medical Department (AMEDD) officers with selected skills who were at least one time non-select to the next higher grade. The original authority for use of TERA expired at the end of Fiscal Year 1999, but was extended to December 2001. The authority for TERA is codified in Title 10, United States Code, section 1293.
Army Regulation 600-8-24 sets forth the basic authority for the separation of officer personnel. Chapter 3 of that regulation provides, in pertinent part, that an officer may submit a resignation for the good of the service when court-martial charges have been preferred against an officer with a view towards trial by general court-martial. A discharge under other than honorable conditions is normally considered appropriate. Officers who resign for the good of the service (regardless of the character of service received) are barred from rights under laws administered by the Department of Veterans Affairs based on the period of service from which the officer resigned.
DISCUSSION: Considering all the evidence, allegations, and information presented by the applicant, together with the evidence of record, applicable law and regulations, it is concluded:
1. In order to justify correction of a military record the applicant must show to the satisfaction of the Board, or it must otherwise satisfactorily appear, that the record is in error or unjust. The applicant has failed to submit evidence that would satisfy this requirement.
2. Notwithstanding his subsequent discharge upgrade by the ADRB, the Board finds that the applicant was properly discharged under other than honorable conditions in lieu of trial by court-martial in accordance with his voluntary request.
3. At the time of his discharge, he was neither eligible for a 15-year or a 20-year length of service retirement. Accordingly, the Board finds no basis to create a means to make him eligible for retirement.
4. In view of the foregoing, there is no basis for granting the applicant's request.
DETERMINATION: The applicant has failed to submit sufficient relevant evidence to demonstrate the existence of probable error or injustice.
BOARD VOTE:
________ ________ ________ GRANT
________ ________ ________ GRANT FORMAL HEARING
_fcj _____ ___ls ___ __le ____ DENY APPLICATION
| CASE ID | AR2002082707 |
| SUFFIX | |
| RECON | YYYYMMDD |
| DATE BOARDED | 2003/05/29 |
| TYPE OF DISCHARGE | |
| DATE OF DISCHARGE | |
| DISCHARGE AUTHORITY | |
| DISCHARGE REASON | |
| BOARD DECISION | DENY |
| REVIEW AUTHORITY | |
| ISSUES 1. 338 | 136.0000/RET |
| 2. | |
| 3. | |
| 4. | |
| 5. | |
| 6. |
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