Application Receipt Date: 060525
Prior Review Prior Review Date: None
I. Applicant Request
Request: Upgrade Reason Change RE Code Change
Issues: See DD Form 293 and attached document.
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: 051220
Discharge Received: Date: 060307
Chapter: 4 AR: 600-8-24
Reason: Unacceptable Conduct
RE: SPD: JNC
Unit/Location: HHC 1st Bn 6th Infantry APO AE 09034
Time Lost: None
Article 15s (Charges/Dates/Punishment): None
Court-Martials (Charges/Dates/Punishment): General Court Martial-unlawfully strike a SPC in the face with his fist (031012), commit a wrongful and dishonorable act upon a female, by grabbing her buttocks and directing vulgar language towards her, (031012). He was to be reprimanded, to forfeit $1000.00 pay per month for six months, and to be confined for one month.
Counseling Records Available: Yes No
IV. Soldiers Overall Record
DOB: 780802
Current ENL Date: 020512 Current ENL Term: Indef Years ?????
Current ENL Service: 03 Yrs, 09 Mos, 26 Days ?????
Total Service: 03 Yrs, 09 Mos, 26 Days ?????
Previous Discharges: None
Highest Grade: 01
Performance Ratings Available: Yes No
MOS: 11A Infantry GT: NA EDU: BS Degree Overseas: Germany Combat: Iraq (030328-030615).
Decorations/Awards: NDSM, GWOTEM, GWOTSM, ASR, CIB
V. Post-Discharge Activity
Home of Record:
Current Address:
Post Service Accomplishments: None Listed
VI. Facts, Circumstances, and Legal Basis for Separation
a. Facts and Circumstances:
Evidence of record shows that on 26 May 2005, the applicant was notified of initiation of elimination proceedings under the provisions of Chapter 4, AR 600-8-24, by reason of derogatory information. On 25 November 2003, the applicant voluntarily tendered his resignation from the service under the provisions of Chapter 4, AR 600-8-24, resignation in lieu of further elimination proceedings. He was advised of his rights. The applicant consulted with legal counsel, was advised of the impact of the discharge action, and submitted a statement in his own behalf. The applicant was a probationary officer and therefore not entitled to an administrative separation board. On 20 December 2005, the Commander, 1st Armored Division, APO AE 09096, recommended that the applicant be eliminated from the service with a general, under honorable conditions. The Ad Hoc Review Board met, and on 6 February 2006, the Deputy Assistant Secretary (Army Review Boards) approved the recommendation of the Army Ad Hoc Review Board, and directed that he be discharge from the U.S. Army with a characterization of service of general, under honorable conditions.
b. Legal Basis for Separation:
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 of officers from the active Army for substandard performance of duty, misconduct, moral or professional dereliction, and the interest of national security.
c. Response to Issues, Recommendation and Rationale:
After careful review of all the applicant's military records for the term of service under review, the analyst recommend that relief be denied in this case. The evidence of record shows that the separation authority approved the applicant's discharge under the provisions of AR 600-8-24, Chapter 4, paragraph 2b, unacceptable conduct with a characterization of service of general, under honorable conditions. The analyst concluded that by his misconduct, the applicant diminished the overall quality of his service below that meriting a fully honorable discharge. The applicant provided no independent corroborating evidence demonstrating that either the command's action was erroneous or that the applicants service mitigated the misconduct. The analyst was satisfied that all requirements of law and regulation were met and the rights of the applicant were fully protected throughout the separation process. Accordingly, the analyst determined that the reason for discharge and the characterization of service were both proper and equitable.
VII. Summary of Army Discharge Review Board Hearing
Type of Hearing: Date: 15 June 2007
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 applicants record of service during the period of enlistment under review and considering the analysts recommendation and rationale, the Board determined that the discharge was both proper and equitable and voted not to change it.
Case report reviewed and verified by: Mr. Kenneth McFarley, Examiner
X. Board Action Directed
No Change
Issue a new DD Form 214
Change Characterization to:
Change Reason to: None
Other: NA
RE Code:
Grade Restoration: No Yes Grade: None
XI. Certification Signature and Date
Approval Authority:
MARK E. COLLINS
Colonel, U.S. Army
President, Army Discharge Review Board
Official:
MARY E. SHAW DATE: 28 June 2007
Lieutenant Colonel, U.S. Army
Chief, Secretary Recorder
ARMY DISCHARGE REVIEW BOARD - CASE REPORT AND DIRECTIVE
Case Number AR20060007472
Applicant Name: Mr.
______________________________________________________________________
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