Applicant Name:  ?????

Application Receipt Date: 2008/05/08	Prior Review:     Prior Review Date: NA     

I.  Applicant Request:  Upgrade     Reason Change     RE Code Change    

Issues: See enclosed DD Form 293 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: 010301
Discharge Received: 			   Date: 010606   Chapter: 3-13      AR: 600-8-24
Reason: In Lieu of Trial by Court-Martial	   RE:     SPD: DFS   Unit/Location: Medical Co B, Tripler Army Medical Center, Hawaii  

Time Lost: AWOL for 6 days (010214-010219), mode of return unknown.

Article 15s (Charges/Dates/Punishment): 001024, the record contains an unexecuted Article 15, which the applicant demanded trial by Court-Martial. 

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

Counseling Records Available: Yes    No 

IV.  Soldier’s Overall Record
Age at current enlistment:  29
Current ENL Date: 990605    Current ENL Term: 5 Years  ?????
Current ENL Service: 	01 Yrs, 11Mos, 20Days ?????
Total Service:  		11 Yrs, 08Mos, 10Days Item 12e on the DD Form 214, total prior inactive service is incorrect, should read 09 Yrs, 08 Mos, 20 Days, to credit him for service as a cadet/student. 
Previous Discharges: 	USAR-Cadet-890926-921231/NA
                                       USAR-ROTC-930101-940800/NA
                                       USARCG-940800-990605/NA
Highest Grade: 0-3		Performance Ratings Available: Yes    No 
MOS: 62B Field Surgeon   GT: NA   EDU: MD (Osteopathy)   Overseas: Hawaii   Combat: None
Decorations/Awards: None

V.  Post-Discharge Activity
City, State:  San Antonio, TX
Post Service Accomplishments: None Listed 

VI.  Facts, Circumstances, and Legal Basis for Separation

       a.  Facts and Circumstances:
       Evidence of record shows that on 24 January 2001, the applicant was charged with failure to report x 21 between (000321-000322), (000830-000831), (000905-000908), (000911), (001023), (001025), (001108), between (001114-001117), between (001120-001122), and between (001127-001128).  On 8 February 2001, the applicant was additional charged with AWOL (010201-010208), disobeyed a lawful command from a CPT x 24 between (000125-010126), between (0010129-010131), (010201-010202), between (010205-010209), between (010212-010216), between (010219-010223), between (010226-010227).  On 8 March 2001,  the applicant was additional charged with   with AWOL (010214-010220), failure to report x 26 (001201), between (001205-001208), between (001212-001215), (001218), (001226), (001228), between (010102-010104), between (010116-010119), between (0101-22-010127).  On 26 January 2001, 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 21 March 2001, the Commander, Headquarters 25th Infantry Division, Schofield Barracks, HI, recommended approval of the applicant's resignation in lieu of trial by a General Court-Martial, with issuance of an under other than honorable conditions discharge.  The Ad Hoc Review Board met; and on 3 May 2001, 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 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.  Furthermore, the analyst noted the applicant's issue; however, if the applicant desires to reenlist, he should contact the local recruiter to determine his eligibility to reenlist.  Those individuals can best advise a former service member as to the needs of the of a particuliar branch of service at the time.  In view of the foregoing, 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: 27 February 2009         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 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: No Change
Other: NA										
RE Code: 
Grade Restoration:   No   Yes   Grade: None
ARMY DISCHARGE REVIEW BOARD - CASE REPORT AND DIRECTIVE

Case Number AR20080007520
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