Applicant Name:  ?????

Application Receipt Date: 2008/06/09	Prior Review:     Prior Review Date: NA     

I.  Applicant Request:  Upgrade     Reason Change     RE Code Change    

Issues: The applicant submitted no issues of equity or propriety to be considered by the Board.

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: 070308
Discharge Received: 			   Date: 070406   Chapter: 3-13      AR: 600-8-24
Reason: In Lieu of Trial by Court-Martial	   RE:     SPD: DFS   Unit/Location: 1-25 IN Bn, Rear Det, Fort Wainwright, AK 

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:  30
Current ENL Date: 971203    Current ENL Term: Indef Years  ?????
Current ENL Service: 	09 Yrs, 04Mos, 04Days ?????
Total Service:  		14 Yrs, 07Mos, 10Days ?????
Previous Discharges: 	USAR-881207-890201/NA
                                       RA-890202-920505/HD
                                       USAR-920506-95801/NA
                                       USAR-950802-960125/NA
                                       USAR/Cadet-960126-971202/NA
Highest Grade: 0-3		Performance Ratings Available: Yes    No 
MOS: 11A Infantry   GT: NA   EDU: BA Degree   Overseas: Southwest Asia (Prior Service)/Alaska   Combat: Saudi Arabia (900929-910325 Prior Service)/Iraq (050815-060115)
Decorations/Awards: BSM, MSM, ARCOM-W/"V" DEV (Prior Service), ARCOM, AAM, AGCM, NDSM-2 (1 Prior Service), AFEM, SWASM-2 BSS (Prior Service), ICM, GWOTSM, ASR, OSR, KLM-SA, KLM-Kuwait, CIB

V.  Post-Discharge Activity
City, State:  Royal Palm Beach, FL
Post Service Accomplishments: None Listed 

VI.  Facts, Circumstances, and Legal Basis for Separation

       a.  Facts and Circumstances:
       Evidence of record shows that on 29 November 2006, the applicant was charged with committing sodomy with a PV2 (061029), wrongfully and dishonorably used his rank, position or authority to lure a PV2 to his home with intent to engage in sexual intercourse with her, and that such an act constituted conduct unbecoming an officer and a gentleman (061029); knowingly fraternize with a PV2 an enlisted person, on terms of military equality (061029); knowingly fraternize with a SPC an enlisted person, on terms of military equality, by socializing with him at the Artic Oasis, and designating said SPC as his driver in the event that the applicant consumed too much alcohol to drive (061029), the applicant, a married man did wrongfully have sexual intercourse with a PV2, a woman not his wife on or about (061029).  On 5 January 2007, the applicant was additionally charged with wrongfully and dishonorably making repeated and unwanted advances of a personal nature to Mrs. SH, whose husband was killed in combat in Iraq, and such an act constituted conduct unbecoming an officer and gentleman x 2 (060801) and (060815).  On 2 March 2007, 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 8 March 2007, the Commander, Headquarters, U.S. Army Alaska, Fort Richardson, AK 99505, recommended approval of the applicant's resignation for the good of the service-in lieu of trial by a General Court-Martial, with an under other than honorable conditions discharge.  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 and the 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, paragraph 3-13, 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  general or a fully honorable discharge.  
       
       The analyst noted that the separation approving authority approved the applicant's discharged under the provision of  Chapter 3, Paragraph 3-13, AR 600-8-24, by reason of resignation for the good of the service -in lieu of trial by a General Court-Martial, with an under other than honorable conditions discharge.  However, the evidence of record shows that someone in the separation process erroneously entered on the DD Form 214, block 24  a characteization of service of "general, under honorable conditions."  It is the Board's policy not to change the characterization of service to a lesser degree than received even though substantiated in the applicant's record.  The Board will not downgrade a characterization of service.  Therefore, the analyst determined 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: 20 March 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 term of service 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 AR20080009262
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