Applicant Name:  ?????

Application Receipt Date: 2008/01/25	Prior Review:     Prior Review Date: NA     

I.  Applicant Request:  Upgrade     Reason Change     RE Code Change    

Issues: The Applicant states in effect:  "I am requesting an upgrade or change in discharge characteristic because I have served my country diligently and honorably for over eighteen years.  I’d served as an enlisted soldier for approximately three years active and four years US Army Reserve and SC Army National Guard.  I’d received an honorable discharge for my service.  During my officer career, I served for almost eleven years with pride and honor.  I had traumatic event in my life which I did not handle well.  I just came back from deployment on a training exercise working with the 155th Separate Armor Brigade (MS National Guard Unit) and I received a phone call at my house from a man stating “My name is James Echol and I am sleeping with your wife.”  I did not handle the situation well.  I was hurt, angry, and grieving.  I was married for almost eleven years and had three children.  I was taking over  command of the West Memphis Recruiting Company at the time and tried to deal with my personal problems myself instead of seeking help.  I went into a deep depression and did not know it.  I began to drink heavily to medicate the pain I was feeling.  This led to my addiction of alcohol and drugs.  Once I asked for help, my career ended and my life went into a downward spiral.  I was an exceptional officer with a host of awards and recognitions.   I’d performed my duties honorably and with pride throughout my career as an officer.  My record speaks for itself minus the events that transpired after I asked for help for my issues. I was even given a Meritorious Service Medal for my service as a Recruiting Company Commander but was rescinded after coming forward seeking help for my alcohol and drug addiction. I except full responsibility for my actions; and I regret that I did not handle my marital situation properly.  I was emotionally disturbed and did not recognize it until it was too late.  I am asking the board to consider my entire career and not just my poor judgment in dealing with my wife’s affair."

II.  Were Proper Discharge and Separation Authority procedures followed?	     
Tender Offer:   NA

See Attachments:  Legal     Medical     Minority Opinion     Exhibits 

III.  Discharge Under Review
Unit CDR Recommended Discharge: 	   Date: 010611
Discharge Received: 			   Date: 010731   Chapter: 3-13    AR: 600-8-24
Reason: In Lieu of Trial By Court-Martial	   RE:     SPD: DFS   Unit/Location: Jackson Recruiting Battalion, USAREC, Jackson, MS 

Time Lost: 61 days, AWOL x 2 (010302-010410),apprehended, (010711-010731), surrendered

Article 15s (Charges/Dates/Punishment): None

Courts-Martial (Charges/Dates/Punishment): None

Counseling Records Available: Yes    No 

IV.  Soldier’s Overall Record
Age at current enlistment:  25
Current ENL Date: 901029    Current ENL Term: Indef Years  ?????
Current ENL Service: 	10 Yrs, 08Mos, 12Days ?????
Total Service:  		18 Yrs, 06Mos, 15Days Includes 5 yrs, 3 days of Inactive Service
Previous Discharges: 	RA 830721-860720/HD
Highest Grade: 0-3		Performance Ratings Available: Yes    No 
MOS: 92A/QM   GT: NA   EDU: BS   Overseas: Japan   Combat: None
Decorations/Awards: MSM-2, ARCOM-2, AAM, AGCM, NDSM, NCOPDR, OSR


V.  Post-Discharge Activity
City, State:  Memphis, TN
Post Service Accomplishments: None listed

VI.  Facts, Circumstances, and Legal Basis for Separation

       a.  Facts and Circumstances:
       The evidence of record shows that on 10 April 2001, the applicant was charged with desertion, Article 85, UCMJ, in that without authority and with the intent to remain away permanently on 2 March 2001, he absented himself from his unit until apprehended on 10 April 2001, and with failure to appear at his change of command ceremony (000708), which constituted conduct unbecoming an officer and a gentleman.  On 23 May 2001, 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.  The Department of the Army Ad Hoc Review Board recommended that the applicant’s resignation be accepted with issuance of an under other than honorable conditions discharge.  On 9 July 2001, 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 applicant’s military records during the term of service under review and 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 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: 5 December 2008         Location: Washington, D.C.

Did the Applicant Testify?  Yes     No  

Counsel: NA

Witnesses/Observers: NA 

Exhibits Submitted: NA

VIII.  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.  
        
IX.  Board Decision						
	XI.  Certification Signature
Board Vote:  							          Approval Authority:	
Character - Change 0    No change 5
Reason -     Change 0    No change 5
(Board member names available upon request)
								         EDGAR J. YANGER			 
								         Colonel, U.S. Army
X.  Board Action Directed					         President, Army Discharge Review Board
Issue a new DD Form 214  					
Change Characterization to: 			         
Change Reason to: NA
Other: NA										
RE Code: 
Grade Restoration:   No   Yes   Grade: NA
ARMY DISCHARGE REVIEW BOARD - CASE REPORT AND DIRECTIVE

Case Number AR20070019017
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