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ARMY | DRB | CY2000 | 2000044977
Original file (2000044977.rtf) Auto-classification: Denied
PART II - APPLICATION DATA

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

1. Character of Discharge: Honorable

2. Date of discharge (or REFRAD): 991010

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): Records/000628


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(2)
b. Entry date: 930523 NDSM
c. Age: 22 Years DOB: 700801 ASR
d. Educational level: Col Grad C/Ach(2)
e. Aptitude area score: C/A
          GT: NA L/C
f. Length of Service: 3. Highest grade achieved:
6 Year(s) 4 Month(s) 12 Day(s) O3

4. Performance evaluations:

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: NONE
         Date     Offense(s)
        


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/CADET 880724 890627 HD



PART IV - PREHEARING REVIEW

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

          a. The evidence of record shows that on 20 April 1999, the applicant was charged with wrongfully and without authority wear upon his uniform the Ranger tab insignia, two specifications between (970401 and 971001); (981201 and 990201). On 31 May 1999, 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 trial by court-martial. On 9 November 1998 the applicant consulted with legal counsel and was advised of the impact of his request. On
6 July 1999, the appropriate authority recommended approval of the applicant’s request for resignation for the good of the Service in lieu of general court-martial and recommended separation with a general discharge. On 29 July 1998, Ad Hoc Review Board recommended that the applicant’s resignation be accepted with issuance of an honorable discharge. On 25 August 1999, the Deputy Assistant Secretary (Army Review Boards) approved the recommendation of the Army Ad Hoc Review Board and directed that the applicant be separated with an honorable discharge.
         b. On 10 October 1999, the applicant was discharged. He was credited with
6 years, 4 months, and 12 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 000717, 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 18 September 2000 .

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

          e. Applicant testified: ( X ) Yes ( ) No
        
         f. Counsel presentation: ( X ) Yes ( ) No
        
         g. Witness(es) testified: ( ) Yes ( X ) No
        
2. Exhibit(s) submitted at hearing: 9 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:
         ( )     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), (3), (4), and (5) The issues are rejected. The Board carefully examined the applicant’s record of service during the period of service under review and heard the testimony of the applicant and his counsel. There was a full consideration of all faithful and honorable service as well as the infraction of discipline, the extent thereof, and the seriousness of the offense. The Board noted the applicant’s contention that the narrative reason for discharge was inequitable because the isolated incident of wearing the Ranger tab formulated the sole basis for the Army’s court-martial charges against him. Even though the Army’s court-martial charges were based on this single incident, the Board concluded that the inappropriate wearing of the Ranger tab constituted a departure from the standards of conduct expected of an officer in the Army. The Board determined that this incident did indeed adversely affect the applicant’s service and led directly to his voluntary request for resignation in lieu of trial by court-martial. The Board found no evidence of arbitrary or capricious actions by the command. The Board was satisfied that all requirements of law and regulation were met and the rights of the applicant were fully protected throughout the separation process. The Board, being convinced that the reason for discharge was both proper and equitable, voted to deny relief.
(2) The issue is rejected. The Army Discharge Review Board acknowledges the applicant's successful transition to civilian life and noted the many accomplishments outlined in his application and/or in the documents with his application. However, the Board does not grant relief solely for the purpose of gaining employment or enhancing employment opportunities.
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 2 3
Characterization 0 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
NONE
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: 2000044977 INDEX NUMBERS: A9455
Date of Review: 000918 A9217
Character of Service: HD A9221
Date of Discharge: 991010 A0100
Authority: AR 600-8-24 C3
Reason: A8000
Results of Board Action/
Vote/Affirmation: NC 3-2 A













PART IX - VOTING RECORD



 Name  Reason Characterization
 CHANGE NC HON UHC NC UNCHAR

1.      Mbr      X          X    

2.      Mbr  X             X    

3.      Mbr  X             X    

4.      Mbr      X          X    

5.      PO      X          X    





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