Applicant Name:  ?????

Application Receipt Date: 2011/03/25	Prior Review:     Prior Review Date: NA     

I.  Applicant Request:  Upgrade     Reason Change     RE Code Change    

Issues: The applicant states, in effect, that he was suffering and was being treated for an unfitting psychiatric condition which should have resulted in him being processed for a medical board under the provisions of AR 635-40 instead of in lieu of trial by court-martial.  He requests an upgrade of his discharge to either general, under honorable conditions or to fully honorable.

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: 090330
Discharge Received: 			   Date: 090504   Chapter: 3-13    AR: 600-8-24
Reason: In Lieu of Trial by Court-Martial	   RE:     SPD: DFS   Unit/Location: A Co, 1-228 AV Rgt, Soto Cano AB, Honduras 

Time Lost: None

Article 15s (Charges/Dates/Punishment): None

Courts-Martial (Charges/Dates/Punishment): None

Counseling Records Available: Yes    No 

IV.  Soldier’s Overall Record
Age at current enlistment:  28
Current ENL Date: 060601    Current ENL Term: 6 Years  ?????
Current ENL Service: 	02 Yrs, 11Mos, 19Days ?????
Total Service:  		09 Yrs, 03Mos, 07Days ?????
Previous Discharges: 	RA 000203-050225/HD
                                       RA 050226-060531/HD
Highest Grade: CW2		Performance Ratings Available: Yes    No 
MOS: 153D/UH-60 Pilot   GT: NA   EDU: 2 years of college   Overseas: SWA, Honduras   Combat: Iraq (021011-031011 and 040801-050303)
Decorations/Awards: AM-3, ARCOM, AAM-3, JMUA, MUC, VUA, AGCM-2, NDSM, GWOTEM, GWOTSM, HCM, ICM-CS, ASR, OSR-3

V.  Post-Discharge Activity
City, State:  Gloverville, SC
Post Service Accomplishments: None listed

VI.  Facts, Circumstances, and Legal Basis for Separation

       a.  Facts and Circumstances:
       The evidence of record shows that the applicant was charged with failure to report to his designated place of duty (081112), violation of a lawful general regulation on divers occasions by wrongfully using his government travel card (080512-080711), two specifications of with intent to deceive providing a false statement to a CID Agent (080826 and 080924), making a false claim against the US Government in the amount of $7,198.00 for lodging reimbursement (080806).
       On 6 January 2009, the applicant consulted with legal counsel and voluntarily tendered his resignation from the Army in writing, under the provisions of Chapter 3, AR 600-8-24, for the good of the Service in lieu of trial by a general court-martial or a board of officers.   The applicant indicated he understood that he could receive an under other than honorable conditions discharge and that the discharge would have a significant effect on eligibility for veteran’s benefits.  The chain of command recommended approval of the resignation for the good of the Service with issuance of an under other than honorable conditions discharge.  
       
       The Department of the Army Ad Hoc Review Board recommended that the applicant’s resignation be accepted with issuance of an under other than honorable conditions discharge.  
       
       On 4 May 2009, the Deputy Assistant Secretary (Army Review Boards) approved the recommendation of the Army Ad Hoc Review Board and directed the applicant’s 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 issue and documents submitted with the application, 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 the misconduct, the applicant diminished the overall quality of his service below that meriting a fully honorable or general, under honorable conditions discharge.  
       
       The applicant contends that that he had an exceptional record and that he was suffering and was being treated for a medical condition.  The analyst acknowledges the applicant’s in-service accomplishments and considered the quality of his service during the initial portion of the enlistment under review.  However, this service was determined not to be sufficiently mitigating to warrant an upgrade to the characterization of discharge as shown by the repeated incidents of serious misconduct for violations of the Uniformed Code of Military Justice.
       
       The applicant contends that he should have been medically discharged; however, the analyst determined that Army Regulation 635-200, in pertinent part, stipulates that commanders will not take action to separate Soldiers for a medical condition like a personality or adjustment disorders solely to spare a Soldier who may have committed serious acts of misconduct.  
       
       Therefore, the analyst determined that the reason for discharge and the characterization of service remain both, proper and equitable and recommends to the Board to deny relief.
       
       
       
       
       
       
       
       
       
       

VII.  Summary of Army Discharge Review Board Hearing

Type of Hearing: 		Date: 26 October 2011         Location: Washington, DC

Did the Applicant Testify?  Yes     No  

Counsel:   [ redacted  ]

Witnesses/Observers: NA 

Exhibits Submitted: Counsel's arguments and letter to the Board, resignation, OER, ERB, DD Form 214, matters of extenuation memorandum, spouse's support letter.

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: NA
Other: NA										
RE Code: 
Grade Restoration:   No   Yes   Grade: NA














Legend:
AWOL    	Absent Without Leave		GCM   General Court Martial	NA   Not applicable			SCM	Summary Court Martial
BCD   	Bad Conduct Discharge	GD      General Discharge	NIF   Not in the file			SPCM	Special Court Martial
CG 	Company Grade Article 15	HD      Honorable Discharge	OAD   Ordered to Active Duty		UNC	Uncharacterized Discharge  
DD 	Dishonorable Discharge	HS       High School Graduate	OMPF   Official Military Personnel File	UOTH  	Under Other Than Honorable 
FG	Field Grade Article 15		IADT   Initial Active Duty Training	RE     Reentry Code				Conditions 

ARMY DISCHARGE REVIEW BOARD - CASE REPORT AND DIRECTIVE

Case Number AR20110005820
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