Application Receipt Date: 060810
Prior Review Prior Review Date: None
I. Applicant Request
Request: Upgrade Reason Change RE Code Change
Issues: See DD Form 293 and attached 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: 030912
Chapter: 3-13 AR: 600-8-24
Reason: In Lieu Of Trial By Court-Martial
RE: SPD: DFS
Unit/Location: U. S. Army Student Detachment (TC) Fort Jackson, SC 29207
Time Lost: AWOL-5 days from (030605-030609) and 22 days from (030721-030812), apprehended by authorities on or about (030813).
Article 15s (Charges/Dates/Punishment): None
Court-Martials (Charges/Dates/Punishment): None
Counseling Records Available: Yes No
IV. Soldiers Overall Record
DOB: 680130
Current ENL Date: 99040429/USAR Current ENL Term: Indef Years Item 12a on DD form 214, dated entered active duty this period is incorrect, should read (990429), see appointment orders.
Current ENL Service: 04 Yrs, 03 Mos, 18 Days ?????
Total Service: 15 Yrs, 11 Mos, 05 Days Item 12c on DD Form 214, net active service this period does not include the applicant's prior active or prior inactive service.
Previous Discharges: RA-870910-960307/HD
RA-960308-990428/HD
Highest Grade: 02
Performance Ratings Available: Yes No
MOS: 88A Transportation General GT: NA EDU: BS Degree Overseas: Germany Combat: None
Decorations/Awards: MSM, ARCOM (2), AAM (6), AGCM (3), AOM, NDSM (2), NCOPDR w/2, ASR, OSR, AFCM, EIB, SP BDGE w/1BSS, AABDGE, DSBDGE
V. Post-Discharge Activity
Home of Record: Hamilton, MT 59840
Current Address:
Post Service Accomplishments: The applicant states he is excelling in his job as a manager and computer technician at a prominent office supply company.
VI. Facts, Circumstances, and Legal Basis for Separation
a. Facts and Circumstances:
Evidence of record shows that on 14 August 2003, the applicant was charged with AWOL and with intent to remain away permanently until apprehended, (20 July 2003), absented himself from his place of duty at which he was required to be, (29 May 2003), found drunk on duty as a student (26 June 2003), steal two bottles of vodka, of a value of about $11.00, the property of AAFES, (13 August 2003), and drunk which conduct was of a nature to bring discredit upon the armed forces, (13 August 2003). On 15 August 2003, the applicant voluntarily tendered his 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 his rights and understood that if his resignation was accepted, he could receive any type of discharge as determined by Headquarters DA. The Acting Commander, Headquarters, United States Army Training Center, Fort Jackson, SC recommended approval of the applicant's resignation in lieu of trial by a General Court-Martial, with a general under honorable conditions characterization of service. The Ad Hoc Review Board met. On 11 September 2003, 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.
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 a careful review of all the applicants military records during the term of service under review, the issues and documents he submitted, the analyst found no mitigating factors that would merit an upgrade of the applicant's discharge. 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 appropriate authority approved the applicant's request and issuance of a general, under honorable conditions characterization of service. The analyst concluded that by his misconduct, the applicant diminished the overall quality of his service below that meriting a fully honorable discharge. Therefore, the analyst determined that the reason for discharge and the characterization of service remains both proper and equitable.
VII. Summary of Army Discharge Review Board Hearing
Type of Hearing: Date: 10 August 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 1 No change 4 - 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 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:
CHRISTINE U. MARTINSON DATE: 22 August 07
Lieutenant Colonel, U.S. Army
Chief, Secretary Recorder
ARMY DISCHARGE REVIEW BOARD - CASE REPORT AND DIRECTIVE
Case Number AR20060011585
Applicant Name: Mr.
______________________________________________________________________
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