Applicant Name: ?????
Application Receipt Date: 2008/11/10 Prior Review: Prior Review Date: NA
I. Applicant Request: Upgrade Reason Change RE Code Change
Issues: See DD Form 293 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: 050301
Discharge Received: Date: 050520 Chapter: 3 AR: 635-200
Reason: In Lieu of Trial by Court-Martial RE: SPD: DFS Unit/Location: HHC, Special Troops Bn, Corps Distribution Command (Prov), 13th COSCOM, Fort Hood, TX
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: 990111 Current ENL Term: NA Years ?????
Current ENL Service: 06 Yrs, 04 Mos, 10 Days ?????
Total Service: 06 Yrs, 04 Mos, 10 Days ?????
Previous Discharges: None
Highest Grade: 03 Performance Ratings Available: Yes No
MOS: 42B Personnel Sys Mgt GT: NA EDU: College Graduate Overseas: Germany, Saudi Arabia Combat: None
Decorations/Awards: ARCOM (2), GWOTSM, NDSM, AFEM, ASR, OSR
V. Post-Discharge Activity
City, State: Killeen, TX
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 17 December 2004, the Applicant was charged with intentionally missing overseas movement on aircraft transportation (14 May 2004), willfully disobeyed a lawful order to deploy to Southwest Asia (14 May 2004), made a false official statement with intent to deceive (14 May 2004), submitted a false Officer Evaluation Report with intent to deceive (25 August 2004), submitted a false Memorandum of Record with intent to deceive (25 August 2004), submitted a false Officer Evaluation Report with intent to deceive (14 September 2004) and, made a false official statement with intent to deceive (27 September 2004). On 22 February 2005, the Applicant consulted with legal counsel and voluntarily tendered her 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 or a board of officers. The Applicant indicated that she understood that she 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 14 April 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 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 officer 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 the misconduct, the Applicant diminished the overall quality of her service below that meriting a fully honorable or general, under honorable conditions discharge. The analyst noted the Applicant's issue, however, the analyst found no evidence of arbitrary or capricious actions by the command. The analyst was satisfied that all requirements of law and regulation were met and the rights of the Applicant were fully protected throughout the separation process. Additionally, the record does not support the Applicants contention, and no evidence to support it has been submitted by the Applicant, that the discharge was the result of any medical condition. 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: 26 August 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 enlistment under review and considering the analysts 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 AR20080017622
______________________________________________________________________________
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