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ARMY | DRB | CY2001 | 2001056571
Original file (2001056571.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): 000710

3. Authority for separation:

         a. Regulation: Chapter 3-13, AR 600-8-24

          b. Reason: For the Good of the Service-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:
                            AAM(3rdAwd)
a. Period entered for: NIF Years NDSM
b. Entry date: 950603 ASR
c. Age: 23 Years DOB: 720404
d. Educational level: Coll Grad
e. Aptitude area score:
          GT: NIF 3. Highest grade achieved:
f. Length of Service: CPT
5 Year(s) 1 Month(s) 8 Day(s)

4. Performance evaluations:
NONE

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: Applicant’s Resignation for the Good of the Service-Summary
 Sheet states that the applicant has 12 months of prior
service; however, there are no documents in the record
to support her prior service.
SECTION B - Prior Service Data
NONE

Other discharge(s):

          Service   From      To        Type Discharge





PART IV - PREHEARING REVIEW

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

         a. Evidence of record shows that on 22 March 2000, the applicant was charged with committing sodomy with SPC between (990225 and 990330); describing to male enlisted subordinate personal incidents of sexual behavior, such act being conduct unbecoming of an officer and gentleman between (981123 and 981230); wrongfully having sexual intercourse with PFC and SPC two specifications between (980301 and 980330); (990225 and 990330); wrongfully and unlawfully subscribing under lawful oath a false statement two specifications (000112); (000112); and, knowingly fraternizing with SGT and SPC three specifications between (980101 and 980930); (990330 and 991230); (990330 and 991230). On 29 March 2000, the applicant voluntarily tendered her resignation from the service under the provisions of Chapter 3, AR 600-8-24, resignation for the good of the service in lieu of trial by a general court-martial. On 25 April 2000, the senior commander, Major General, USA Commanding recommended approval of the resignation with issuance of an under other than honorable conditions discharge. The Ad Hoc Review Board recommended that the applicant’s resignation be accepted with issuance of an under other than honorable conditions discharge. On 30 May 2000, the Deputy Assistant Secretary (DASA) (Army Review Boards) approved the recommendation of the Army Ad Hoc Review Board and directed that the applicant be discharge with a characterization of service of under other than honorable conditions.

         b. On 10 July 2000, the applicant was discharged. At the time of discharge, the applicant had completed 5 years, 1 month, and 8 days of active military service.

         c. On 10 July 2000, the applicant was erroneously issued a DD Form 214 indicating that she received an honorable discharge from the Fort Campbell Transition Center. On 25 July 2000, Chief, Transition Center, Fort Campbell, requested that US Army PERSCOM, St. Louis, Missouri, issue a DD Form 215 correcting the 10 July 2000 to reflect that the applicant had received an under other than honorable conditions discharge. The applicant was sent an information copy of this request for correction. On 19 September 2000, US Army PERSCOM, voided the 10 July 2000 DD Form 214 and administratively reissued a DD Form 214 showing that the applicant received a general, under honorable conditions discharge. On 27 September 2000, US Army PERSCOM, superseded and voided both the 20 July 2000 DD Form 214 showing the applicant received an honorable discharge, and the 19 September 2000 DD Form 214 showing the applicant received a general, under honorable conditions discharge. This final DD Form 214 appropriately reflects that the applicant received an under other than honorable conditions discharge as directed by the DASA (Army Review Boards).

2. Legal/Regulatory Basis for Separation Action : Army Regulation 600-8-24 sets for the basic authority for Officer transfers and discharges. Chapter 3 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 010312, with five (5) 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:
          ( X ) Records review ( ) Hearing
         b. Type Held:
          ( X )Records review ( ) Hearing
          ( ) Tender Offer

         c. Review/hearing location and date: Washington, DC on 22 August 2001 .

         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) The issue is rejected. The Board carefully examined the applicant’s record for the period of service under review as well as the reference statements she submitted with her application. There was a full consideration of all 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 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 DASA approved the applicant's request and issuance of an under other than honorable discharge. The Board concluded that by her misconduct, the applicant diminished the overall quality of her service below that meriting a general or honorable 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:


GERARD W. SCHWARTZ
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: 2001056571 INDEX NUMBERS: A9217
Date of Review: 010822 A9235
Character of Service: UD A0100
Date of Discharge: 000710
Authority: AR 600-8-24, C3
Reason: A8000
Results of Board Action/
Vote/Affirmation: NC 5-0 A













PART IX - VOTING RECORD



 Name  Reason Characterization
 CHANGE NC HON UHC NC UNCHAR

1. MAJ ROBERTSON, MICHAEL       Mbr      X          X    

2. LTC KLEYMEYER, CHRISTOPHER   Mbr      X          X    

3.      Mbr      X          X    

4.      Mbr      X          X    

5.      PO      X          X    






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