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ARMY | DRB | CY2000 | 2000035820
Original file (2000035820.rtf) Auto-classification: Denied
PART II - APPLICATION DATA

(Note: Part I deleted under the Privacy Act on Reading Room copy)

1. Character of Discharge: Under Other Than Honorable Conditions

2. Date of discharge (or REFRAD): 980817

3. Authority for separation:

         a. Regulation: Chapter 4, AR 600-8-24

          b. Reason: Resignation in Lieu of Elimination
4. Prior review(s): NONE


PART III - SERVICE HISTORY

SECTION A - Period of Service Under Review

 1.       Service data: 2. Awards and decorations:
                            ARCOM
a. Period entered for: Indef AAM
b. Entry date: 800614 NDSM
c. Age: 22 Years DOB: 570913 NCOPDR
d. Educational level: HS Grad ASR
e. Aptitude area score:
          GT: NA 3. Highest grade achieved:
f. Length of Service: O4
18 Year(s) 2 Month(s) 4 Day(s)

4. Performance evaluations:
See OMPF

PART III - SERVICE HISTORY
SECTION A - Period of Service Under Review - Continued

5. Periods of unauthorized absence: NONE

 Status Inclusive dates
         AWOL

         Mil conf

         Civil conf

         Other


6. Nonjudicial punishment:

         Date     Offense(s)
         980405 Wrongfully have sexual intercourse with a female, a woman not your wife, occasions between (951015 and 960601); commit sodomy with a female, between (970501 and 970601); misuse of government resources, between (960601 and 980101); engage in conduct unbecoming an officer and a gentleman by wrongfully creating a hostile and offensive work environment, two specifications between (960601 and 980101)
         ______________________________________________-
         980405 Letter of reprimand – engaged in numerous incidents of misconduct; committed adultery, committed sodomy by receiving oral sex and conduct unbecoming an officer and gentleman in the US Army (980316)(administrative)

7. Court-Martial data: NONE
         a. SCM:
                  Date Offense(s)

        
         b. SPCM:
                  Date Offense(s)

         c. GCM: 
                  Date Offense(s)


8.       Remarks: NONE
SECTION B - Prior Service Data

Other discharge(s):

          Service   From      To        Type Discharge
         USAR 750612 751012 HD

PART IV - PREHEARING REVIEW

SECTION A-ANALYST’S ASSESSMENT
l. Facts and Circumstances:

          a. The evidence of record shows that on 9 April 1998, the appropriate authority notified the applicant of initiation of separation action under the provisions of Chapter 4, AR 600-8-24 by reason misconduct, moral or professional dereliction. The applicant requested resignation in lieu of elimination and was advised of the impact of the discharge action. On 4 June 1998, the appropriate authority subsequently recommended approval of resignation with an under other than honorable conditions discharge. On 29 July 1998, a 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 30 July 1998, the Deputy Assistant Secretary (Army Review Boards) approved the recommendation of the Army Ad Hoc Review Board and directed that the applicant be discharged with an under other than honorable conditions.

         b. On 17 August 1998, the applicant was discharged. He was credited with
18 years, 2 months, and 4 days active service on the enlistment under review.

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


SECTION B-APPLICANT’S SUBMISSIONS


 1. Issue(s) of propriety and/or equity submitted by applicant or counsel.
As stated on applicant’s DD Form 293.
2. Exhibit(s) submitted:

         A-1: DD Form 293, dated 000104.
         A-2: Counsel Issues: NONE
         B-l: Other Documents: NONE

PART IV - PREHEARING REVIEW (CONTINUED)



SECTION C - Medical and/or Legal Advisory Opinion


Referred to ( ) Medical Advisor ( ) Legal Advisor



 a. Medical prehearing comments (if applicable):

b. Legal prehearing comments (if applicable):
PART V - SUMMARY OF HEARING

SECTION A-Attendees and exhibits

1. Review/hearing information:

         a. Type requested:
          ( X ) Records review ( ) Hearing
         b. Type Held:
         ( X )Records review ( ) Hearing
         ( ) Tender Offer

         c. Review/hearing location and date: Washington, D C on 25 February 2000 .

          d. Appearance by:
         Applicant ( ) Yes ( X ) No
         Counsel ( ) Yes ( X ) No

          e. Applicant testified: ( ) Yes ( X ) No
        
         f. Counsel presentation: ( ) Yes ( X ) No
        
         g. Witness(es) testified: ( ) Yes ( X ) No
        
2. Exhibit(s) submitted at hearing:

PART VI - ISSUES AND FINDINGS

1. a. Applicant's issue(s) of propriety and/or equity:

          ( X )   Same as those listed on DD Form 293 and Part IV, Section A of this case report and directive.
         ( )     Revised issue(s) furnished in writing by applicant as follows:
         ( )     Additional issue(s) identified during review/hearing as follows:
         b. Request: ( X ) Recharacterization ( ) Change of Reason
2. Finding(s), conclusion(s), and reason(s) for the Board's decision(s) on issues of propriety and/or equity:

          a. Propriety:    The applicant has not submitted an issue of propriety and the ADRB has not otherwise relied upon an issue of propriety to change the discharge.

          b. Equity:       The parenthetical number(s) below correspond(s) to the issue number(s) on the DD Form 293, or in Part VI, Paragraph 1, above.

(1), (2), (3), and (4) The issues are rejected. The Board carefully reviewed the applicant’s record during the period of service under review. There was a full consideration of all his faithful and honorable service as well as the infractions of discipline, the extent thereof, and the seriousness of the offenses. The evidence of record shows that the applicant voluntarily requested resignation in lieu of elimination under the provisions of Chapter 4, AR 600-8-24, by reason of misconduct, moral or professional dereliction. The appropriate authorities approved the applicant’s request and issuance of an under other than honorable conditions discharge. The Board concluded that by his misconduct, the applicant diminished the overall quality of his service below that meriting an honorable or general discharge. The Board, being convinced that the reason for discharge and the characterization of service were both proper and equitable, voted to deny relief.

 3. Response(s) to item(s) not addressed as decisional issue(s): NONE
PART VII - BOARD ACTION
SECTION A - Conclusions/Decisions/Vote

1.       Board conclusion(s):

         The discharge was:

          ( X )    Proper.
         ( )      Improper as to characterization. Change characterization to                                      .
         ( )      Improper as to reason. Change reason to                         under                       .

         ( X )    Equitable.
         ( )      Inequitable as to characterization. Change characterization to                                .
         ( )      Inequitable as to reason. Change reason to                       
                  under                                  .
         ( )      Both proper and equitable, but characterization/reason for separation cited was an administrative/clerical error and should be changed to                      under                          .
2. Voting record: Change No Change
         Reason 0 5
Characterization 0 5

         The names and votes of the members of the Board are recorded in Part IX of this document and can be obtained by writing to the address below. The request must contain the CASE NO. located in the upper right corner of this document.

Department of the Army Review Boards Agency
ATTN: Promulgation Team
1941 Jefferson Davis Highway, 2nd Floor
Arlington, VA 22202-4508



3. Minority views: NONE

PART VII - BOARD ACTION
SECTION B - Verification and Authentication

Case report reviewed and verified       

                                 
Ms. McKim-Spilker
Case Reviewing Official 

PART VIII - DIRECTIVE/CERTIFICATION
SECTION A - DIRECTIVE
NONE
SECTION B - CERTIFICATION

Approval Authority:


THOMAS J. ALLEN
Colonel, U.S. Army
President, Army Discharge
Review Board

Official:




SUZANNE WALKER
Lieutenant Colonel, U.S. Army
Chief, Secretary Recorder

EXHIBITS:
A - Application for review of discharge          C - Other
B - Material submitted by applicant

INDEX RECORD:

 AR Number: 2000035820 INDEX NUMBERS: A9455
Date of Review: 000301 A9235
Character of Service: UD A9217
Date of Discharge: 980817
Authority: AR 600-8-24 C4
Reason: A8100
Results of Board Action/
Vote/Affirmation: NC 5-0 A













PART IX - VOTING RECORD



 Name  Reason Characterization
 CHANGE NC HON UHC NC UNCHAR

1.      Mbr      X          X    

2. LTC MONJE, DIANNE    Mbr      X          X    

3. COL MEYER, CONRAD V.         Mbr      X          X    

4. COL WILLIAMS, ORA J.         Mbr      X          X    

5.      PO      X          X    





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