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ARMY | DRB | CY2008 | AR20080000459
Original file (AR20080000459.txt) Auto-classification: Denied
Applicant Name:  ?????

Application Receipt Date: 071218	Prior Review:     Prior Review Date: NA     

I.  Applicant Request:  Upgrade     Reason Change     RE Code Change    

Issues: See DD Form 149 and attached documents submitted by the applicant.

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: 060623
Discharge Received: 			   Date: 060913   Chapter: 3-13    AR: 600-8-24
Reason: In Lieu of Trial by Court-Martial	   RE:     SPD: DFS   Unit/Location: 159th AV Bn, APO AE 09177 

Time Lost: None

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:  28
Current ENL Date: 960620/OAD    Current ENL Term: Indef Years  ?????
Current ENL Service: 	10 Yrs, 02Mos, 24Days ?????
Total Service:  		18 Yrs, 01Mos, 29Days Item 12e on the applicant's DD Form 214, total prior inactive service is incorrect, should read 03 Yrs, 06 Mos, 28 Days
Previous Discharges: 	USN-860620-900615/HD
                                       USNR-900616-940113/NA
                                       RA-960213-960619/HD 
Highest Grade: CW-3		Performance Ratings Available: Yes    No 
MOS: 152HB AH-64D Attack Pilot    GT: NA   EDU: Masters (Aeronautical Studies)    Overseas: Germany/Southwest Asia   Combat: Kuwait (030208-030319)/Iraq (030320-040123)
Decorations/Awards: AM-2, ARCOM, AAM, NDSM, GWOTEM, GWOTSM, ASR, JMUA, NSSDR, NGCM, NSFI, NDOI

V.  Post-Discharge Activity
City, State:  Clarksville, TN
Post Service Accomplishments: None Listed 

VI.  Facts, Circumstances, and Legal Basis for Separation

       a.  Facts and Circumstances:
       Evidence of record shows that on 8 May 2006, the applicant was charged with wrongfully having sexual intercourse with Ms. DH, a married woman not his wife between (051101-060228), whose husband was deployed in a combat zone, an act constituting conduct unbecoming an officer and gentleman; fraternized with PVT HCF, an enlisted person, on terms of military equality, by engaging in sexual intercourse between (051201-060131), made a false official statement to a CPT (060301), and disobeyed a lawful command from a LTC (060301).  On 25 May 2006, 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 23 June 2006, the Commander, Headquarters 1st Infantry Division, APO AE 09036, recommended approval of the applicant's resignation in lieu of trial by a General Court-Martial. 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.        

       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, the issues and documents he submitted, the analyst found several mitigating factors that would merit a partial upgrade of the applicant's discharge to general, under honorable conditions.  This recommendation was made after full consideration of his faithful and honorable service, as well as his record of misconduct.  The evidence in this case supports a conclusion that the applicant’s characterization of service is too harsh, and as a result it is inequitable.  While the applicant's misconduct is not condoned, the analyst found that the overall length and quality of the applicant's service; to include his combat service, mitigated the discrediting entries in his service record.  However, the analyst determined that the reason for discharge was both proper and equitable.
       
         Furthermore, the analyst noted the applicant's other issues outlined on his DD Form 149; however, those particuliar issues does not fall within the purview of this Board.  The applicant may apply to the Army Board for Correction of Military Records (ABCMR), utilizing DD Form 149 regarding this matter.  An application for that Board is enclosed.  

VII.  Summary of Army Discharge Review Board Hearing

Type of Hearing: 		Date: 29 October 2008         Location: Washington, DC

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 during the term of service under review and considering the analyst’s recommendation and rationale, the Board determined that the characterization of service is too harsh, and as a result it is inequitable.  Accordingly, the Board voted to grant partial relief in the form of an upgrade of the characterization of service to general, under honorable conditions.  However, the Board determined that the reason for discharge was both proper and equitable and voted not to change it. 








 
        
IX.  Board Decision						
	XI.  Certification Signature
Board Vote:  							          Approval Authority:	
Character - Change 3    No change 2
Reason -     Change 0    No change 5
(Board member names available upon request)
								         EDGAR J. YANGER			 
								         Colonel, U.S. Army
								         President, Army Discharge Review Board
Issue a new DD Form 214  					
Change Characterization to: 			         
Change Reason to: No Change
Other: NA										
RE Code: 									 
Grade Restoration:   No   Yes   Grade: None
ARMY DISCHARGE REVIEW BOARD - CASE REPORT AND DIRECTIVE

Case Number AR20080000459
______________________________________________________________________________


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