Applicant Name:  ?????

Application Receipt Date: 080813	Prior Review:     Prior Review Date: NA     

I.  Applicant Request:  Upgrade     Reason Change     RE Code Change    

Issues: See attached DD Form 149 submitted by the Applicant.  Applicant states, "I request you upgrade the type of discharge from OTH to honorable or another appropriate discharge.  Regulations say the type of discharge can be upgraded after 6 months."

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: 950714
Discharge Received: 			   Date: 950907   Chapter: 5    AR: 635-120
Reason: In Lieu of Trial by Court-Martial	   RE:     SPD: DFS   Unit/Location: B Co, USAG, Ft. Gillem, GA 

Time Lost: AWOL 22 days (950327-950419), 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:  33
Current ENL Date: 871004    Current ENL Term: NA Years  NA
Current ENL Service: 	07 Yrs, 10 Mos, 11 Days ?????
Total Service:  		17 Yrs, 01 Mos, 00 Days Total service determined from available documentation in the record of evidence. 
Previous Discharges: 	USAR  780714-780808/NA
                                       AD  780809-810805/HD
                                       USAR  810806-830508/NA
                                       AD 830509-830902/HD
                                       USAR  830903-831002/NA 
                                       SADT 831003-840217/HD
                                       USAR 780809-840125/HD (Concurrent Service)
                                       USARCG  840218-840401/NA
                                       USAR AD 840402-850707/HD
                                       USAR 840126-850707/HD (Concurrent Service)
                                       USARCG (REINF)  850708-871003/NA
                                       USAR 850707 Appointed as a commissioned officer
Highest Grade: 03		Performance Ratings Available: Yes    No 
MOS: 42B  Personnel Systems Management Officer   GT: NA   EDU: College Grad   Overseas: Germany   Combat: None
Decorations/Awards: ARCOM, AAM (2), AGCM, NDSM, NCOPDR, OSR





V.  Post-Discharge Activity
City, State:  Tacoma, WA
Post Service Accomplishments: None submitted by the Applicant.

VI.  Facts, Circumstances, and Legal Basis for Separation

       a.  Facts and Circumstances:
       The evidence of record shows that on 28 June 1995, the Applicant was charged with being AWOL x 2 (950327-950419 and 950428-950430), wrongful use of cocaine x 2 (950416-950419 and 950428-950503), wrongful use of marijuana (950319-950419), wrongful use of a government credit card, on diverse occasions, to make personal purchases and cash withdrawals in the amount of $1360.00, said conduct unbecoming an officer.  On 11 July 1995, the Applicant consulted with legal counsel and voluntarily tendered his resignation from the service under the requested, in writing, discharge under the provisions of Chapter 5, AR 635-120, 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 recommended that the Applicant’s resignation be accepted with issuance of an under other than honorable conditions discharge.  On 8 August 1995, the Deputy Assistant Secretary (Army Review Boards) approved the recommendation of the Army Ad Hoc Review Board and directed that the applicant be discharged with a characterization of service of under other than honorable conditions. 

       b.  Legal Basis for Separation:  
       Army Regulation 635-120, in effect at the time, prescribed the procedures for the resignation of USAR commissioned officers on active duty.  Chapter 5 allowed for an officer to submit a resignation for the good of the service (RFGOS) in lieu of court-martial.  An officer separated under this paragraph normally recieves a characterization of service of general, under honorable conditions or under other than honorable conditions.

       c.  Response to Issues, Recommendation and Rationale:  
       After a careful review of the Applicant’s military records during the term of service under review and the issue submitted with the application, the analyst found no mitigating factors that would merit an upgrade of the Applicant's discharge.  The evidence of record shows that the former Soldier 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 5, AR 635-120.  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 the misconduct, the Applicant diminished the overall quality of his service below that meriting a fully honorable or general, under honorable conditions discharge.  The analyst noted the Applicant's issue but the U.S. Army does not have, nor has it ever had, a policy to automatically upgrade discharges.  Each case is decided on its own merits when an Applicant submits a DD Form 293 requesting a change in discharge.  Changes may be warranted if the Board determines that the characterization of service or the reason for discharge or both were improper or inequitable.  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: 27 May 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: No Change										
RE Code: 
Grade Restoration:   No   Yes   Grade: No Change
ARMY DISCHARGE REVIEW BOARD - CASE REPORT AND DIRECTIVE

Case Number AR20080013860
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