Applicant Name:  ?????

Application Receipt Date: 2008/11/03	Prior Review:     Prior Review Date: 2008/10/10 Records Review     

I.  Applicant Request:  Upgrade     Reason Change     RE Code Change    

Issues: See DD Form 293 and attached document 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: 020709
Discharge Received: 			   Date: 020903   Chapter: 3-13     AR: 600-8-24
Reason: In Lieu of Trial by Court-Martial	   RE:     SPD: DFS   Unit/Location: U.S. Army Health Clinic, Fort McPherson, GA 

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:  22
Current ENL Date: 960814/OAD    Current ENL Term: Indef Years  ?????
Current ENL Service: 	06 Yrs, 00Mos, 20Days ?????
Total Service:  		10 Yrs, 10Mos, 27Days ?????
Previous Discharges: 	USARCG (Cadet)-921007-960510/NA
                                       USAR-950511-960813/NA
Highest Grade: 0-3		Performance Ratings Available: Yes    No 
MOS: 70B Health Services Administration   GT: NA   EDU: Masters Degree   Overseas: Hawaii   Combat: None
Decorations/Awards: MSM, ARCOM-2, JSAM, AAM-2, NDSM, MOVM, ASR, EFMB, ASUA

V.  Post-Discharge Activity
City, State:  Savannah, GA
Post Service Accomplishments: None Listed 

VI.  Facts, Circumstances, and Legal Basis for Separation

       a.  Facts and Circumstances:
       The evidence of record shows that on 6 May 2002, the applicant was charged with intent to deceive, sign an official document, to wit; a request for compassionate reassignment x 3 (010702) (010709) and (010710); steal money, the property of the United States x 3 (010730) $1587, (010918) $338, (010918) $153; prepare and present a Dislocation Allowance (DLA ) voucher for payment which claim was false (010730) $1587; prepare and present a Temporary Lodging Expense Voucher (TLE) for payment which claim was false (010918) $338; prepare and present a DD Form 1351-2 (Travel Voucher or Subvoucher) for payment which claim was false (010918) $153; wrongfully and dishonorably represented (verbally) false statements to her chain of command while applying for a compassionate reassignment between (010701-010731); wrongfully and dishonorably submitted a fraudulent compassionate reassignment packet, which was approved between (010701-010731); wrongfully and dishonorably submitted a Dislocation Allowance (DLA ) voucher for payment in the amount of $1587 (010824); wrongfully and dishonorably submitted a Temporary Lodging Expense Voucher (TLE) voucher for payment in the amount of $338 (010927); wrongfully and dishonorably submitted a DD Form 1351-2 (Travel Voucher or Subvoucher) for payment in the amount of $153 (010925); with intent to defraud, falsely pretend to require a compassionate reassignment to obtain an airline ticket from Carson Wagonlit of a value of about $461 between (010706-010906); with intent to defraud, falsely pretend to require a compassionate reassignment to obtain shipment of her POV to her new duty station of a value of about $2747 between (010801-010917); with intent to defraud, falsely pretend to require a compassionate reassignment to obtain shipment of her hold baggage to her new duty station of a value of about $351 between (010801-011016); with intent to defraud, falsely pretend to require a compassionate reassignment to obtain shipment of her household goods to her new duty station of a value of about $3,311 between (010801-011025).  On 17 June 2002, the applicant voluntarily tendered her resignation for the good of the service in lieu of trial by a General Court-Martial under the provisions of Chapter 3, Paragraph 3-13, AR 600-8-24.  The applicant was advised of her rights and understood that if her resignation was accepted, she could receive any type of discharge as determined by Headquarters DA.  The applicant's chain of command 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.  On 9 July 2002, the Commander, United States Army Garrison, Fort McPherson, GA, 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 14 August 2002, 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.
       
       The applicant's record contains a CID Report of investigation dated 23 April 2002.

       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 issuess she 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 her misconduct, the applicant diminished the overall quality of her 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 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: 8 June 2009         Location: Washington, DC

Did the Applicant Testify?  Yes     No  

Counsel: ????

Witnesses/Observers: No 

Exhibits Submitted: The applicant submitted three pages of additional documents in support of her personal appearance hearing.






VIII.  Board Discussion, Determination, and Recommendation
After carefully examining the applicant’s record of service during the term of service under review, hearing her testimony 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 2    No change 3
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 AR20080017596
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