Applicant Name:  ?????

Application Receipt Date: 2008/07/01	Prior Review:     Prior Review Date: NA     

I.  Applicant 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?	     
Tender Offer:   NA

See Attachments:  Legal     Medical     Minority Opinion     Exhibits 

III.  Discharge Under Review
Unit CDR Recommended Discharge: 	   Date: 060810
Discharge Received: 			   Date: 070214   Chapter: 3-13     AR: 600-8-24
Reason: In Lieu of Trial by Court-Martial	   RE:     SPD: DFS   Unit/Location: 464th Chemical Bde, Johnstown, PA 

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:  23
Current ENL Date: OAD 061204    Current ENL Term: 6 months Years  ?????
Current ENL Service: 	00 Yrs, 02Mos, 11Days ?????
Total Service:  		13 Yrs, 01Mos, 01Days (includes inactive service)
Previous Discharges: 	USAR 940114-950605/NA
                                       ARNG 950606-970125/HD
                                       ADT 970126-970611/HD
                                       USAR 970126-070214 (Concurrent Service)
                                       USAR 030102-030618/HD
Highest Grade: 1LT		Performance Ratings Available: Yes    No 
MOS: 74A Chemical Officer   GT: NA   EDU: College Grad   Overseas: Jordan   Combat: No
Decorations/Awards: ARFRM, NDSM, GWOTEM, GWOTSM, ASR

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

VI.  Facts, Circumstances, and Legal Basis for Separation

       a.  Facts and Circumstances:
       The evidence of record shows that on 5 April 2006, the applicant was charged with conspiring with NCOs to commit an offense under the UCMJ by shipping out of the CENTCOM AOR for personal retention AK-47 assault rifles, willingly disobeying a lawful order from a superior commissioned officer, failure to give notice and turn over captured or abandoned property, violation of a regulation and dereliction of duty, false official statement, and conduct unbecoming of an officer.  On 25 June 2006, the applicant consulted with legal counsel and voluntarily tendered his resignation from the service and requested, in writing, discharge 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 applicant indicated that he understood that he could receive an under other than honorable conditions discharge and that the discharge would have a significant effect on eligibility for veteran’s benefits.  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 Ad Hoc Review Board met and recommended that the applicant’s resignation be accepted with issuance of an under other than honorable conditions discharge.  On 4 January 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. 
       
       The record contains a CID Report dated 7 July 2005.

       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: 3 November 2008         Location: Washington, D.C.

Did the Applicant Testify?  Yes     No  

Counsel: ?????

Witnesses/Observers: No 

Exhibits Submitted: Applicant submitted two additional documents in support of his testimony.

VIII.  Board Discussion, Determination, and Recommendation
After carefully examining the applicant’s record of service during the term of enlistment under review, hearing his testimony and considering the analyst’s recommendation and rationale, the Board determined that the characterization of service was too harsh and as a result, it is inequitable.  The Board found that the overall length and quality of the applicant's service to include the circumstances surrounding his misconduct and his post service accomplishments (i.e., Big Brothers and Chamber of Commerce), mitigated the discrediting entries in his service record.   Accordingly, the Board voted to grant relief in the form of an upgrade of the characterization of service to fully honorable.  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: None
Other: TO: ARBA Support Division-St Louis      Date: 3 November 2008                      

     The Army Discharge Review Board, established under the provisions of Section 30, Public Law 346, 78th Congress, 22 June 1944 and codified as Title 10, United States Code, Section 1553, in the case of the applicant named in Part I directs that the ARBA Support Division-St Louis issue a new discharge order to the applicant which reflects the following directed changes:

           ( X  ) Change characterization of discharge to Honorable.
										
RE Code: 									 
Grade Restoration:   No   Yes   Grade: NA
ARMY DISCHARGE REVIEW BOARD - CASE REPORT AND DIRECTIVE

Case Number AR20080010842
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