Applicant Name:  ?????

Application Receipt Date: 2009/02/18	Prior Review:     Prior Review Date: 060920     

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: 040526
Discharge Received: 			   Date: 040813   Chapter: 3-13       AR: 600-8-24
Reason: In Lieu of Trial by Court-Martial	   RE:     SPD: DFS   Unit/Location: HHC, 1st Bde, 1st AR DIV, Fort Riley, KS 

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:  21
Current ENL Date: 970626    Current ENL Term: Indef Years  ?????
Current ENL Service: 	0 Yrs, 01Mos, 18Days ?????
Total Service:  		08 Yrs, 00Mos, 22Days ?????
Previous Discharges: 	None
Highest Grade: 0-3		Performance Ratings Available: Yes    No 
MOS: Quartermaster Officer   GT: NA   EDU: USMA GRAD   Overseas: Guatamala, SWA   Combat: Iraq (030428-040405)
Decorations/Awards: ARCOM, AAM, JMUA, NDSM (2), GWOTSM, GWOTEM, HSM, ASR

V.  Post-Discharge Activity
City, State:  ?????
Post Service Accomplishments: See attached DD Form 293 and attached documents submitted by the applicant.













VI.  Facts, Circumstances, and Legal Basis for Separation

       a.  Facts and Circumstances:
       The evidence of record shows that on 8 March 2004, the applicant was charged with AWOL (030417-030422); AWOL (021101-021111); failing to go at the time prescribed to her appointed place of duty x3 (030429; 030528; 030602); disobeying a lawful command issued by a superior commissioned officer x2 (030429; 030602); with intent to deceive, making false statements to a superior commissioned officer and two NCOs on 18 September 2003, 4 January 2003 and 5 January 2003, respectively; with intent to deceive, wrongfully altering a DA 31 x2 (021112; 021213).  On 3 May 2004, the applicant consulted with legal counsel and voluntarily tendered her resignation from the service under the 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 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 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.  On 7 July 2004, 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 general, under 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 all the applicant’s military records during the term of service under review and the issue and documents 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 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.  Furthermore, the analyst noted the applicant's issue; however, 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.  In view of the foregoing, 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: 19 October 2009         Location: Washington, D.C.

Did the Applicant Testify?  Yes     No  

Counsel: None

Witnesses/Observers: Yes; one observer 

Exhibits Submitted: None

VIII.  Board Discussion, Determination, and Recommendation
After carefully examining the applicant’s record of service during the period of enlistment under review, her 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, based on the overall length and quality of the applicant's service, and her combat tour in Iraq.  Accordingly, the Board voted to grant relief in the form of an upgrade of the characterization of service to fully honorable.  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 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: NA										
RE Code: 
Grade Restoration:   No   Yes   Grade: NA
ARMY DISCHARGE REVIEW BOARD - CASE REPORT AND DIRECTIVE

Case Number AR20090006429
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