Application Receipt Date: 060811
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: 050721
Discharge Received: Date: 051020
Chapter: 3 AR: 600-8-24
Reason: In Lieu Of Trial By Court-Martial
RE: SPD: DFS
Unit/Location: HHB 3rd Bn 30th FA Bn ST TC Fort Sill, OK 73503
Time Lost: None
Article 15s (Charges/Dates/Punishment): 041118-with intent to defraud, falsely make PCS orders to secure release from his lease without financial penalty, which is conduct unbecoming of an officer, (040913), with intent to deceive, make a false official statement to a CPT, (041203), assault his wife, (050130), engage in e-mail conversations in which he inappropriately solicited women to engage in romantic or a sexual relationship, between on or about (050120) and between on or about (050130), and with intent to defraud, request a military pass under false pretense, on or between (041203) and (041204), (GO.)
Court-Martials (Charges/Dates/Punishment): None
Counseling Records Available: Yes No
IV. Soldiers Overall Record
DOB: 750721
Current ENL Date: 980725/USAR Current ENL Term: NIF Years ?????
Current ENL Service: 07 Yrs, 02Mos, 26Days ?????
Total Service: 12 Yrs, 04 Mos, 11 Days ?????
Previous Discharges: USAR-930817-931013/NA
IADT-931014-940325/UNC
USAR-930426-960910/NA
USAR-960911-980724/NA
Highest Grade: 03
Performance Ratings Available: Yes No
MOS: 13A Field Artillery Gen GT: NA EDU: BS Degree Overseas: Germany Combat: Iraq (030309-030510)
Decorations/Awards: ARCOM, AAM (2), NDSM (2), GWOTEM, GWOTSM, ASR, NM (Koso), KOSOCM, C/ACH, L/C
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 the applicant's DD Form 458 (Charge Sheet) is not a part of the available record and the analyst presumed government regularity in the discharge process. On 8 July 2005, the applicant voluntarily tendered his resignation in lieu of trial by a General Court Martial under the provisions of Chapter 3-13, AR 600-8-24. 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. On 21 July 2005, the Commander, U.S. Army Field Artillery Center, Fort Sill, OK recommended approval of the applicant's resignation in lieu of trial by a General Court-Martial, with an under other than honorable conditions discharge. The Ad Hoc Review Board met. On 6 September 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 discharge with a characterization of service of under other than 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 careful review of all the applicant's military records for the term of service under review, the analyst recommends relief 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 under other than honorable conditions. 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 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: 070205
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:
ROBERT L. HOUSE
Colonel, U.S. Army
President, Army Discharge Review Board
Official:
MARY E. SHAW DATE: 070209
Lieutenant Colonel, U.S. Army
Chief, Secretary Recorder
ARMY DISCHARGE REVIEW BOARD - CASE REPORT AND DIRECTIVE
Case Number AR20060011599
Applicant Name: Mr.
______________________________________________________________________
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