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ARMY | DRB | CY2000 | 2000040581
Original file (2000040581.rtf) Auto-classification: Approved
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): 971113

3. Authority for separation:

         a. Regulation: Chapter 3, AR 600-8-24

          b. Reason: In Lieu of Trial by Court-Martial
4. Prior review(s): NONE


PART III - SERVICE HISTORY

SECTION A - Period of Service Under Review

 1.       Service data: 2. Awards and decorations:
                            BSM
a. Period entered for: Indefinite ARCOM(2)
b. Entry date: 940512 AAM(2)
c. Age: 38 Years DOB: 560126 GCMDL
d. Educational level: Col Grad NDSM
e. Aptitude area score: AFEM
          GT: NA SWASMw/2BSS
f. Length of Service: KLM
3 Year(s) 6 Month(s) 2 Day(s) NCOPDR
ASR
OSR(2)
3. Highest grade achieved:
O3
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)
         970919 Were derelict in the performance of his duties (961020); wrongfully engaging in a personal relationship with PV1, not in the performance of official duties, between (961020 and 961118); using your government American Express card to pay for personal services and items, between (961124 and 961125)
         ___________________________________________
         971124 Letter of reprimand – wrongfully engaging in a personal relationship with PV1, and using a government American Express card to pay your personal services and items, between (961020 and 961118)

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
         RA 780919 880317 HD
          RA                880318 940511 HD (NIF)


PART IV - PREHEARING REVIEW

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

          a. The evidence of record shows that on 23 May 1997, the applicant was charged with engaging in a personal relationship with an enlisted soldier and by wrongfully supplying alcoholic beverages to persons under the age of 21. On
12 August 1997, the applicant voluntarily tendered his resignation from the Army under the provisions of Chapter 3, AR 600-8-24, for the good of the Service in lieu of a general court-martial. The applicant consulted with legal counsel. On 10 September 1997, the appropriate authority recommended approval of resignation for the good of the Service with an under other than honorable conditions discharge. On 3 October 1997, Army Ad Hoc Review Board recommended approval of the applicant’s resignation for the good of the Service with an under other than honorable conditions discharge. On 9 October 1997, 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 13 November 1997, the applicant was discharged. He was credited with
3 years, 6 months, and 2 days active military service in the period under review, and 19 years, 1 month, and 24 days total active military service.

2. Legal/Regulatory Basis for Separation Action : 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 request for resignation for the good of the Service in lieu of trial by a general court-martial.
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 000330, with one (1) enclosure(s).
         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:
         ( ) Records review ( X ) Hearing
         b. Type Held:
         ( )Records review ( X ) Hearing
         ( ) Tender Offer

         c. Review/hearing location and date: Washington, DC on 10 July 2000 .

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

          e. Applicant testified: ( X ) Yes ( ) No
        
         f. Counsel presentation: ( ) Yes ( X ) No
        
         g. Witness(es) testified: ( X ) Yes ( ) No
        
2. Exhibit(s) submitted at hearing: four (4) additional documents.

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:
         ( X )   Additional issue(s) identified during review/hearing as follows:
Board Issue: (3) The characterization of service was too harsh.

         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.

 (3) The issue is accepted. The Board carefully examined the applicant’s record during the period of service under review as well as considered his testimony. 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 Board found that the length and quality of the applicant’s service mitigated his misconduct. In view of the foregoing, the Board determined that the characterization of service was inequitable. Accordingly, the Board voted to grant partial relief in the form of an upgrade of characterization of service to general, under honorable conditions. The Board determined that the reason for discharge was proper and equitable and voted not to change it.
(1) and (2) The issues are rejected. The Board concluded that by his misconduct, the applicant diminished the overall quality of his service below that meriting a fully honorable 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. Further, the applicant voluntarily requested resignation, under the provisions of Chapter 3-13, AR 600-8-24, in lieu of a general court-martial.

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                       .

         ( )      Equitable.
         ( X )    Inequitable as to characterization. Change characterization to General, Under Honorable Conditions .
         ( )      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 5 0

         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

 TO: ARBA Support Division-St Louis Date: 14 July 2000

The Army Discharge Review Board, established under the provisions of Section 30, Public Law 346, 78th Congress, 22 June 1944 and codified as Title 10, United States Code, Section 1553, in the case of the applicant named in Part I directs that the ARBA Support Division-St Louis issue a new DD Form 2l4 to the applicant which reflects the following directed change(s):

( X )   Change characterization of discharge to General, Under Honorable Conditions.


SECTION B - CERTIFICATION

Approval Authority:


WILSON A SHATZER
Colonel, U.S. Army
President, Army Discharge
Review Board

Official:




EARNEST C. SMITH, JR.
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: 2000040581 INDEX NUMBERS: A9406
Date of Review: 000712 A9218
Character of Service: UD A0100
Date of Discharge: 971113
Authority: AR 600-8-24 C3
Reason: A8100
Results of Board Action/
Vote/Affirmation: GD 5-0 A







PART IX - VOTING RECORD

 Name  Reason Characterization
 CHANGE NC HON UHC NC UNCHAR

1. LTC SMITH, EARNEST C.        Mbr      X      X       

2. COL COOLEY, HOWARD B.        Mbr      X      X       

3.      Mbr      X      X       

4.      Mbr      X      X       

5.      PO      X      X       





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