Application Receipt Date: 060725
Prior Review Prior Review Date: None
I. Applicant Request
Request: Upgrade Reason Change RE Code Change
Issues: See DD Form 293.
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: 050304
Discharge Received: Date: 050602
Chapter: 3-13 AR: 600-8-24
Reason: In Lieu Of Trial By Court-Martial
RE: SPD: DFS
Unit/Location: HHC 530th Supply & Service Battalion, Fort Bragg, NC 28310-5000
Time Lost: None
Article 15s (Charges/Dates/Punishment): None
Court-Martials (Charges/Dates/Punishment): None
Counseling Records Available: Yes No
IV. Soldiers Overall Record
DOB: 790314
Current ENL Date: 010527/OAD Current ENL Term: 4 Years ?????
Current ENL Service: 04 Yrs, 00 Mos, 06 Days ?????
Total Service: 05 Yrs, 06 Mos, 27 Days ?????
Previous Discharges: ARNG-970204-980830/NA
USAR-980831-010526/NA
Highest Grade: 03
Performance Ratings Available: Yes No
MOS: 92D5P Aerial Delivery Material GT: NA EDU: NIF Overseas: Korea/SouthWest Asia Combat: Iraq (030302-030511), (030902-040223), and (041205-050127)
Decorations/Awards: BSM, ARCOM (2), AAM (2), NDSM, ICM (3), GWOTSM, KDSM, ASR,
V. Post-Discharge Activity
Home of Record:
Current Address:
Post Service Accomplishments: The applicant states she has a contracting job with Kellog, Brown, and Root in Iraq.
VI. Facts, Circumstances, and Legal Basis for Separation
a. Facts and Circumstances:
Evidence of record shows that on 22 February 2005, the applicant was charged with wrongful use of marijuana, on or between 1 November 2004 and 1 December 2004. On 23 February 2005, the applicant voluntarily tendered her resignation in lieu of trial by a General Court Martial under the provisions of Chapter 3, AR 600-8-24, Paragraph 3-13. The applicant was advised of her rights and understood that if her resignation was accepted, she could receive any type of discharge as determined by Headquarters DA. On 4 March 2005, the Acting Commander, recommended approval of the applicant's resignation in lieu of trial by a General Court-Martial, with an under other than honorable conditions characterization of service. The Ad Hoc Review Board met. On 10 May 2005, the Deputy Assistant Secretary (Army Review Boards) accepted the applicant's resignation, approved the recommendation of the Army Ad Hoc Review Board, and directed that the applicant be separated from the Army with a characterization of service of general, under honorable conditions.
The analyst noted that the Deputy Assistant Secretary (Army Review Boards), directed that the applicant be separated from the Army with a characterization of service of general, under honorable conditions. However, the applicant's DD Form 214 shows that upon separation from the service, she received an honorable discharge.
b. Legal Basis for Separation:
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 requests for resignation for the good of the service in lieu of trial by a general court-martial.
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 recommends that a change to the narrative reason for separation be denied in this case. The evidence of record shows that the separation authority approved the applicant's discharge under the provisions of Chapter 3, AR 600-8-24, Paragraph 3-13, in lieu of trial by a General Court-Martial with a characterization of service of honorable. 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 applicant's narrative reason for discharge remains both proper and equitable.
VII. Summary of Army Discharge Review Board Hearing
Type of Hearing: Date: 25 July 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 0 No change 0 - Character
Change 0 No change 5 - 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 narrative reason for discharge was both proper and equitable, voted to deny relief.
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: 1 August 2007
Lieutenant Colonel, U.S. Army
Chief, Secretary Recorder
ARMY DISCHARGE REVIEW BOARD - CASE REPORT AND DIRECTIVE
Case Number AR20060010386
Applicant Name: Ms.
______________________________________________________________________
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