Applicant Name: ?????
Application Receipt Date: 080924 Prior Review: Prior Review Date: NA
I. Applicant Request: Upgrade Reason Change RE Code Change
Issues: See enclosed DD Form 293 and supporting documentation 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: NIF
Discharge Received: Date: 051110 Chapter: 3-13 AR: 600-8-24
Reason: In Lieu of Trial by Court-Martial RE: SPD: DFS Unit/Location: HHB, 1-9th FA Bn, 2d Bde, 3d ID (Fwd), Iraq
Time Lost: None
Article 15s (Charges/Dates/Punishment): None
Courts-Martial (Charges/Dates/Punishment): None
Counseling Records Available: Yes No
IV. Soldiers Overall Record
Age at current enlistment: 25
Current ENL Date: 011016 Current ENL Term: Indef Years ?????
Current ENL Service: 04 Yrs, 00 Mos, 25 Days ?????
Total Service: 04 Yrs, 00 Mos, 25 Days ?????
Previous Discharges: None
Highest Grade: 03 Performance Ratings Available: Yes No
MOS: 13A GT: Field Artillery Officer EDU: College Grad Overseas: SWA Combat: Iraq (050122-051026)
Decorations/Awards: ARCOM, AAM (2), PUCA, NDSM, ASR, GWOTEM, GWOTSM, ICM
V. Post-Discharge Activity
City, State: Savannah, GA
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 12 August 2005, the Applicant was charged with being AWOL from his unit in Iraq (050617-050623), intentionally missing movement of his emergency leave return flight (050617) and, willfully disobeying a lawful command from his superior commissioned officer (050624). On 27 August 2005, at Camp Liberty, Iraq, the Applicant consulted with legal counsel and voluntarily tendered his resignation from the service 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. 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 veterans 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 Applicants resignation be accepted with issuance of an under other than honorable conditions discharge. On 13 October 2005, 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 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 the Applicants military records during the term of service under review, the documents and the issue submitted with the application, the analyst recommends that the Applicants characterization of service be upgraded to general, under honorable conditions. This recommendation was made after full consideration of the Applicant's faithful and honorable service, as well as the record of misconduct. The evidence in this case supports a conclusion that the Applicants characterization of service was too harsh, and as a result it is now inequitable. While the Applicant's misconduct is not condoned, the overall length and quality of service to include the Applicants combat service, mitigated the discrediting entries in the service record. However, the analyst determined that the narrative reason for discharge was both proper and equitable.
VII. Summary of Army Discharge Review Board Hearing
Type of Hearing: Date: 21 July 2009 Location: Washington, D.C.
Did the Applicant Testify? Yes No
Counsel: NA
Witnesses/Observers: NA
Exhibits Submitted: NA
VIII. Board Discussion, Determination, and Recommendation
After carefully examining the Applicants record of service during the period of service under review and considering the analysts recommendation and rationale, the Board determined that the characterization of service was too harsh, and as a result it is inequitable. The Board determined that the overall quality of the Applicants service, to include the extraordinary family circumstances surrounding the Applicant's AWOL leading to his discharge, 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 general, under honorable conditions. However, the Board determined that the reason for discharge was proper and equitable and voted not to change it.
IX. Board Decision
XI. Certification Signature
Board Vote: Approval Authority:
Character - Change 4 No change 1
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 AR20080015007
______________________________________________________________________________
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