Application Receipt Date: 2006/09/14
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: NIF
Discharge Received: Date: 06/06/14
Chapter: 3 AR: AR 600-8-24
Reason: In Lieu of Trial by Court Martial
RE: SPD: DFS
Unit/Location: Co C 554th Engineer Battalion, Fort Leonard Wood, MO 65473
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: 74/07/21
Current ENL Date: 01/01/18 Current ENL Term: 3 Years NA
Current ENL Service: 00 Yrs, 11Mos, 15Days
Total Service: 11 Yrs, 01Mos, 17Days
Previous Discharges: RA 01/01/18-05/06/29 HD
ARNG 95/08/16-95/11/22/HD
Highest Grade: 2LT
Performance Ratings Available: Yes No
MOS: 21A (Engineer) GT: NA EDU: College Grad Overseas: Kuwait Combat: Iraq 03/02/09-03/07/09
Decorations/Awards: ARCOM(3), AAM(3), GCM, ARCAM, NDSM, AFEM, GWOTEM, GWOTSM, AFRM,
V. Post-Discharge Activity
Home of Record: Bayamon PR
Current Address: 207 Bennington Drive
Raeford NC 28376
Post Service Accomplishments: None
VI. Facts, Circumstances, and Legal Basis for Separation
a. Facts and Circumstances:
Evidence of record shows that on 23 February 2006, the applicant was charged with unlawfully pushing a female enlisted soldier on her torso and kicking her (061214), in a public area calling two females whores or words to that effect (06/12/14), committing an indecent assault upon one of the females, a person not his wife, by touching her breasts, with intent to gratify his sexual desire (06/12/14) and wrongfully communicated a threat to beat the shit out of her if she opened the door, or words to that effect (06/12/14). On 3 March 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 applicants resignation be accepted with issuance of an under other than honorable conditions discharge. 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.
The record contains a CID Report dated 16 December 2005
b. Legal Basis for Separation:
Army Regulation 635-100 sets forth the basic authority for the separation of commissioned and warrant officers from the active Army. Chapter 3, Section XV, establishes policy and procedures for involuntary relief from active duty. Paragraph 3-58 (g) provides that an officer who is found guilty, or action is taken tantamount to a finding of guilty, in a Federal or State court may be released by the Secretary of the Army from active duty immediately, when the offense is punishable under the UCMJ with confinement of 1 year or more, or when the offense involves moral turpitude, regardless of the sentence received or the maximum punishment under any code.
c. Response to Issues, Recommendation and Rationale:
After a careful review of all the applicants military records during the period under review, and the issue he submitted, the analyst found no mitigating factors that would merit an upgrade of the applicant's discharge. There was a full consideration of all faithful and honorable service as well as infractions of discipline, the extent thereof, and the seriousness of the offenses. The analyst noted the applicants contentions and found no evidence of arbitrary or capricious actions by the command. 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. In view of the foregoing, the analyst recommends to the Board that the reason for discharge and the characterization of service were both proper and equitable and recommends to the Board to deny relief.
VII. Summary of Army Discharge Review Board Hearing
Type of Hearing: Date: 12 December 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 2 No change 3 - 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 and voted to deny relief.
Case report reviewed and verified by: Charles Busick, 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: 14 December 2007
Lieutenant Colonel, U.S. Army
Chief, Secretary Recorder
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