Application Receipt Date: 2006/10/20
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: 060425
Discharge Received: Date: 060602
Chapter: 3-13 AR: 600-8-24
Reason: In lieu of trial by court martial
RE: SPD: DFS
Unit/Location: Headquarters and Headquarters Company, 100th Missile Defense Brigade, Peterson Air Force Base, CO 80916
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: 571119
Current ENL Date: 870527 Current ENL Term: Indef Years
Current ENL Service: Yrs, Mos, Days
Total Service: 22 Yrs, 07 Mos, 16 Days
Previous Discharges:
USAR 850826-870527/ NA
USAR 880204-951215/ HD
ADT 981218-981225/ HD
ADT 990114-990513/ HD
ADT 990825-000219/ HD
ADT 000321-000806/ HD
Highest Grade: MAJ
Performance Ratings Available: Yes No
MOS: 14A Air Defense Artillery GT: NA EDU: College Grad-Master Public Admin Overseas: Brazil CSC (031017-040117) Combat: OEF (010928-011223)
Decorations/Awards: ASR / NDSM(2OLC) / GWOT / GWOTE/ OSR / AFRMM/ AAM/ARCOM / MSM (2OLC)/ JSCM/ JSAM (2OLC)
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:
The evidence of record shows that on 4 April 2006, the applicant was charged with providing false statements to Peterson AFB Installation Security Division (050324), falsifying a marriage license (021012), providing false orders in order to break a lease (041001), unlawfully altered a public record (0206 and 0210), impeded an investigation (051219), wrongfully harbor and shielded an illegal immigrant (0101 to 0210), and under false pretenses wrongfully obtained medical services for said illegal immigrant (050423). On 10 April 2006, the applicant voluntarily tendered his resignation from the service under the provisions of Chapter 3, AR 600-8-24, resignation for the good of the Service in lieu of trial by a general court-martial or a board of officers. The chain of command recommended approval of the resignation for the good of the service with issuance of an under other than honorable conditions discharge. The Ad Hoc Review Board recommended that the applicant's resignation be accepted with issuance of an under other than honorable conditions discharge. On 2 June 2006, the Deputy Assistant Secretary (Army Review Boards) 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 sets the basic authority for Officer Transfers and Discharges. Chapter outlines the policy and procedure for the elimination 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 a careful review of all the applicant's military records, and the issue 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 an under other than 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 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: 18 December 2007
Location: Washington D.C.
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 5 - Character
Change 0 No change 5 - Reason
(Board member names available upon request)
IX. Board Discussion, Determination, and Recommendation
After carefully examining the applicant's record of service during the period of enlistment under review and considering the analyst's recommendation and rationale, the Board determined that the discharge was both proper and equitable and voted to deny relief.
Case report reviewed and verified by: Edgar Yanger, 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:
XI. Certification Signature and Date
Approval Authority:
MARK E. COLLINS
Colonel, U.S. Army
President, Army Discharge Review Board
Official:
CHRISTINE U. MARTINSON DATE: 20 December 2007
Lieutenant Colonel, U.S. Army
Chief, Secretary Recorder
ARMY DISCHARGE REVIEW BOARD - CASE REPORT AND DIRECTIVE
Case Number AR20060014825
Applicant Name: Mr.
______________________________________________________________________
Page 1 of 5 pages
ARMY | DRB | CY2008 | AR20080010842
Discharge Under Review Unit CDR Recommended Discharge: Date: 060810 Discharge Received: Date: 070214 Chapter: 3-13 AR: 600-8-24 Reason: In Lieu of Trial by Court-Martial RE: SPD: DFS Unit/Location: 464th Chemical Bde, Johnstown, PA Time Lost: None Article 15s (Charges/Dates/Punishment): None Courts-Martial (Charges/Dates/Punishment): None Counseling Records Available: Yes No IV. On 4 January 2007, the Deputy Assistant Secretary (Army Review Boards) approved the recommendation of the Army Ad...
ARMY | DRB | CY2011 | AR20110016426
Discharge Under Review Unit CDR Recommended Discharge: Date: 090310 Discharge Received: Date: 090520 Chapter: 3-13 AR: 600-8-24 Reason: In Lieu of Trial by Court-Martial RE: SPD: DFS Unit/Location: HHC, USAREUR/7th Army, Germany Time Lost: None Article 15s (Charges/Dates/Punishment): None Courts-Martial (Charges/Dates/Punishment): None Counseling Records Available: Yes No IV. On 23 April 2009, the Deputy Assistant Secretary (Army Review Boards) approved the recommendation of the Army Ad Hoc...
ARMY | DRB | CY2008 | AR20080012651
Applicant Request: Upgrade Reason Change RE Code Change Issues: See DD Form 293 and supporting documents submitted by the applicant. Facts and Circumstances: Evidence of record shows that on 14 December 2003, the applicant was notified of initiation of elimination proceedings under the provisions of Chapter 4, AR 600-8-24, by reason of unacceptable conduct for misrepresenting another officer's work as her own during CAS3 course, for submitting a false record of a APFT, for failing to take...
ARMY | DRB | CY2008 | AR20080004394
The Ad Hoc Review Board met, and on 22 August 2006, the Deputy Assistant Secretary (Army Review Boards) approved the recommendation of the Army Ad Hoc Review Board, and directed that the applicant be separated from the U.S. Army with a characterization of service of fully honorable. c. Response to Issues, Recommendation and Rationale: After a careful review of all the applicant's military records for the term of service under review, the issues and documents that she submitted, the analyst...
ARMY | DRB | CY2008 | AR20080000459
Facts, Circumstances, and Legal Basis for Separation a. The Ad Hoc Review Board met; and on 11 August 2006, the Deputy Assistant Secretary (Army Review Boards) approved the recommendation of the Army Ad Hoc Review Board, accepted the applicant's resignation and directed that the applicant be discharge with a characterization of service of under other than honorable conditions. Board Discussion, Determination, and Recommendation After carefully examining the applicantÂ’s record of service...
AF | DRB | CY2007 | AR20070000708
Facts and Circumstances: Evidence of record shows that on 30 June 2005, the Commander, United States Army Europe and Seventh Army, APO AE 09014, notified the applicant of initiation of elimination proceedings under the provisions of Chapter 4, AR 600-8-24, by reason of misconduct, moral or professional dereliction (acts of personal misconduct as substantiated by an Article 15 dated 13 October 2004 and a General Officer Memorandum of Reprimand). On 4 May 2006, the applicant voluntarily...
ARMY | DRB | CY2007 | AR20070000708aC071031
Facts and Circumstances: Evidence of record shows that on 30 June 2005, the Commander, United States Army Europe and Seventh Army, APO AE 09014, notified the applicant of initiation of elimination proceedings under the provisions of Chapter 4, AR 600-8-24, by reason of misconduct, moral or professional dereliction (acts of personal misconduct as substantiated by an Article 15 dated 13 October 2004 and a General Officer Memorandum of Reprimand). Board Decision The discharge was: Proper...
ARMY | DRB | CY2006 | AR20060008162
Current ENL Service: 07 Yrs, 10 Mos, 17 Days ????? On 14 April 2000, the Deputy Assistant Secretary (Army Review Boards) approved the recommendation of the Army Ad Hoc Review Board and directed that the applicant be separated from the Army for misconduct, moral or professional dereliction, with an honorable discharge. Board Discussion, Determination, and Recommendation After carefully examining the applicantÂ’s record of service during the term of service under review and considering the...
ARMY | DRB | CY2006 | Ar20060013140
Facts, Circumstances, and Legal Basis for Separation a. On 31 May 2006, the Deputy Assistant Secretary (Army Review Boards) 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. 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: XI.
ARMY | DRB | CY2006 | AR20060013020
Facts, Circumstances, and Legal Basis for Separation a. On 25 July 2000, 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 discharged with a characterization of service of general, under honorable conditions. The appropriate authority approved the applicant's request and issuance of a general, under than honorable conditions characterization of service.