Applicant Name:
Application Receipt Date: 071002
Prior Review Prior Review Date: None
I. Applicant Request
Request: Upgrade Reason Change RE Code Change
Issues: See DD Form 293 and attached documents submitted by the Applicant
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: 070921
Chapter: 3 para 3-13 AR: 600-8-24
Reason: In Lieu of Trial by Court Martial
RE: SPD: DFS
Unit/Location: C Co, 701st MP BN, 14th MP Bde, Fort Leonard Wood, Missouri
Time Lost: None
Article 15s (Charges/Dates/Punishment): None
Court-Martials (Charges/Dates/Punishment): None
Counseling Records Available: Yes No
IV. Soldiers Overall Record
Year/Month: 6802
HOR City, State: Harlem, GA
Current Appointment Date: 010816 Current Term: Indefinite
Current Service: 06 Yrs, 01Mos, 06Days
Total Service: 20 Yrs, 08Mos, 16Days
Previous Discharges: USN 870205-910207/HD
USN 910207-940309/HD
ARNG 940310-980909/HD
RA 981030-010815/HD
Highest Grade: CPT/O-3
Performance Ratings Available: Yes No
MOS: 31A/Military Police GT: 118 EDU: College/BS Overseas: Southwest Asia, Korea Combat: Iraq (020812), Afghanistan (030304-030704)
Decorations/Awards: ARCOM, AAM, NAM, CAR,NMUC, AGCM, NDSM, GWOTSM, NOPDR, ASR, NSSDR
V. Post-Discharge Activity
Post Service Accomplishments: None Listed
VI. Facts, Circumstances, and Legal Basis for Separation
a. Facts and Circumstances:
The evidence of record shows that on 16 August 2001, the applicant was charged with intent to deceive (051017-060517), wrongfully and dishonorably present another student work as his own (060301), wrongfully and without authority wear unauthorized insignia x 7 (Special Forces Tab (010926-060517); Naval Special Warfare insignia (060517); Military Freefall Parachutist Badge (060517); Parachutist Badge with Combat Jump Device two jumps (060517); Aviator Badge (060517); Former War Time Service (060517) and Noncommissioned Officer Professional Development ribbon with "2" device (060517). On 23 October 2006, the applicant voluntarily tendered his resignation from the service under the provisions of Chapter 3, AR 600-8-24, 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. On 9 February 2007, the Ad Hoc Review Board recommended that the applicants resignation be accepted with issuance of an under other than honorable conditions discharge. On 12 September 2007, 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 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 and the issues 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 or general, under honorable conditions discharge. Therefore, the analyst determined that the reason for discharge and the characterization of service remains both proper and equitable and recommends to the Board to deny relief.
VII. Summary of Army Discharge Review Board Hearing
Type of Hearing: Date: 22 August 2008
Location: Washington, DC
Did the Applicant Testify? Yes No
Counsel: NA
Witnesses/Observers: NA
Exhibits Submitted: Yes
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.
X. Board Action Directed
No Change
Issue a new DD Form 214
Change Characterization to:
Change Reason to: NA
Other: NA
RE Code: NA
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: 22 August 2008
Lieutenant Colonel, U.S. Army
Chief, Secretary Recorder
ARMY DISCHARGE REVIEW BOARD - CASE REPORT AND DIRECTIVE
Case Number AR20070013566
______________________________________________________________________
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