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Decision Text

ARMY | DRB | CY2006 | AR20060005711
Original file (AR20060005711.txt) Auto-classification: Denied
Application Receipt Date: 060420	

Prior Review    Prior Review Date: None

I.  Applicant Request
Request:  Upgrade     Reason Change     RE Code Change    

Issues: See applicant's attached DD Form 293 and supporting documents.

II.  Were Proper Discharge and Separation Authority procedures followed?  
Yes    No        Tender Offer:   ?????

See Attachments:  Legal     Medical     Minority Opinion     Exhibits 

III.  Original Character of Discharge
Unit CDR Recommended Discharge:    Date: NIF
Discharge Received:     Date: 930120   
Chapter: 5    AR: 635-120
Reason: Conduct Triable by Court-Martial
RE:     SPD: DFS
Unit/Location: Company D, 2d Battalion, 69th Armory Regiment, 3d Brigade, 24the Infantry Division (Mechanized), Fort Benning, GA 

Time Lost: None

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

Court-Martials (Charges/Dates/Punishment): None

Counseling Records Available: Yes    No 

IV.  Soldier’s Overall Record
DOB:  640510  
Current ENL Date: 881029    Current ENL Term: Indef Years  ?????
Current ENL Service: 04 Yrs, 02Mos, 22Days ?????
Total Service:  04 Yrs, 07Mos, 11Days ?????
Previous Discharges: USAR-880610-881028/NA
Highest Grade: 1LT
Performance Ratings Available: Yes    No 
MOS: 12A00 (Armor Officer)   GT: 127   EDU: BA Degree   Overseas: Kuwait   Combat: SWA (900830-910401)
Decorations/Awards: BS, AAM (2nd Award), NDSM, SWASM (2 bronze service stars), ASR, KLM-SA,  
V.  Post-Discharge Activity
Home of Record: 
Current Address: 
Post Service Accomplishments: See attached supporting documents.

VI.  Facts, Circumstances, and Legal Basis for Separation

      a.  Facts and Circumstances:
      The evidence of record shows that on 6 October 1992, the applicant was charged with the wrongful possession of approximately 5.50 grams of marijuana on or about 26 April and 20 May 1992, wrongful introduction of approximately 5.50 grams of marijuana onto a military installation, wrongful import of approximately 5.50 grams of marijuana into the customs territory of the United States (Fort Benning), commission of a felony, and making a false statement.  The applicant voluntarily tendered his resignation from the Army for the good of the Service under the provisions of Chapter 5, AR 635-120.  The chain of commands recommendation is not in the avalible records.  The Ad Hoc Review Board recommended that the applicant’s resignation for the good of the service be accepted.  On 15 December 1992, the Deputy Assistant Secretary (Army Review Boards) approved the recommendation of the Ad Hoc Review Board that resignation for the good of the service be accepted, and directed that the applicant be discharged from the Army with a characterization of service of under other than honorable conditions.  

      b.  Legal Basis for Separation:  
      Army regulation 635-120, in effect at the time, prescribed the procedures for the resignation of USAR commission officers on active duty.  Chapter 5 allowed for an officer to submit a resignation for the good of the Service (RFGOS) in lieu of court-martial.  An officer separated under this paragraph normally receives characterization of service of general, under honorable conditions or under other than honorable conditions.
      
      
      
      

      c.  Response to Issues, Recommendation and Rationale:  
      After careful review of all the applicant's military records of service during the term under review and the issues he submitted the analyst found several mitigating factors that would merit an upgrade of the characterization of service to general, under honorable conditions.  This recommendation was made after full consideration of his faithful and honorable service, as well as his record of misconduct.  While the applicant's misconduct is not condoned, the evidence in this case supports a conclusion that the characterization of service was too harsh, and as a result it is now inequitable.  The overall length and quality of the applicant's service, his post service accomplishments, and the time that has elasped since his discharge, mitigated the discrediting entries in his service record.  However, the analyst determined the reason for discharge was both proper and equitable

VII.  Summary of Army Discharge Review Board Hearing 

Type of Hearing: 			Date: 070110              
Location: Washington, DC

Did the Applicant Testify?  Yes     No  

Counsel: NA

Witnesses/Observers: NA 

Exhibits Submitted: NA




VIII.  Board Decision
The discharge was:			Proper	 	Improper	
				                 	Equitable	 	Inequitable	

The characterization of service was:   Proper	 	Improper	
				                 	Equitable	 	Inequitable	

The narrative reasons were: 	       	Equitable	 	Inequitable	

DRB voting record:  		      	Change     No change    (Character)
		 			       	Change     No change    (Reason)
					      (Board member names available upon request)

IX.  Board Discussion, Determination, and Recommendation
After carefully examining the applicant’s record of service during the term of service under review and considering the analyst’s recommendation and rationale, the Board determined that the characterization of service was too harsh, and as a result it is inequitable.  Accordingly, the Board voted to grant partial relief in the form of an upgrade of the characterization of service to general, under honorable conditions.  The Board determined that the reason for discharge was both proper and equitable, and voted not to change it.


















Case report reviewed and verified by: Eric S. Moore, Examiner									        
X.  Board Action Directed
No Change 
Issue a new DD Form 214  
Change Characterization to:    
Change Reason to: NA
Other: NA
RE Code:  
Grade Restoration:   No   Yes  Grade: NA

XI.  Certification Signature and Date
Approval Authority: 

ROBERT L. HOUSE
Colonel, U.S. Army
President, Army Discharge Review Board

Official: 


MARY E. SHAW				DATE: 070116
Lieutenant Colonel, U.S. Army
Chief, Secretary Recorder
ARMY DISCHARGE REVIEW BOARD - CASE REPORT AND DIRECTIVE

Case Number AR20060005711

Applicant Name:  Mr.       
______________________________________________________________________


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