Applicant Name:  ?????

Application Receipt Date: 2009/0714	Prior Review:     Prior Review Date: NA     

I.  Applicant Request:  Upgrade     Reason Change     RE Code Change    

Issues: The applicant requests an upgrade of his discharge and a change to the narrative reason for discharge.  Also, the applicant states that his discharge nessitated discharge from the military.

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: 040331
Discharge Received: 			   Date: 040813   Chapter: 3-13       AR: 600-8-24
Reason: In Lieu of Trial by Court-Martial	   RE:     SPD: DFS   Unit/Location: C Co, Trp Cmd, Landstuhl Regional Medical Center, APO AE 09180 

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:  40
Current ENL Date: 030706/OAD    Current ENL Term: 02 Years  10 Weeks
Current ENL Service: 	01 Yrs, 01Mos, 08Days ?????
Total Service:  		02 Yrs, 05Mos, 16Days ?????
Previous Discharges: 	USARCG-020228-030705/NA
                                          (Concurrent Service)
Highest Grade: O-4		Performance Ratings Available: Yes    No 
MOS: None   GT: NA   EDU: Doctorate Degree   Overseas: Germany   Combat: None
Decorations/Awards: NDSM, GWOTSM, ASR

V.  Post-Discharge Activity
City, State:  Baltimore, MD
Post Service Accomplishments: None Listed 

VI.  Facts, Circumstances, and Legal Basis for Separation

       a.  Facts and Circumstances:
       The evidence of record shows that on 18 March 2004, the applicant was charged with intent to deceive, make to a LTC, Chief, Department of Pathology and Area Laboratory Services, Landstuhl Regional Medical Center, an official statement that he was certified by the American Board of Pathology and would provide him a facsimile copy of his valid certification that he possessed at his residence in Baltimore, MD, which statement was false (031017); with intent to deceive, make to a LTC, Chief, Department of Pathology and Area Laboratory Services, Landstuhl Regional Medical Center, an official statement, by presenting him a facsimile copy of a certificate of qualification from the American Board of Pathology, dated 10 November 2001, purporting to certify that the American Board of Pathology granted the certificate of qualification, which certificate of qualification was totally false (031020); with intent to deceive, make and sign an official record, DA Form 4691-R (Initial Application for Clinical Privileges), which record was false (030930); and by false pretense, steal military board certified pay, military property of the U.S. Government, of a value of about $1,041.65 (030930). 
        
        On 26 March 2004, the applicant consulted with legal counsel and voluntarily tendered his resignation from the Army in writing, under the provisions of Chapter 3, paragraph 3-13, 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 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 under  other than honorable conditions discharge.  On 10 June 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 under other than honorable conditions discharge. 
       
       The analyst noted that on the applicant's DD Form 214 block 24, "Character of Service" reads "General, Under Honorable Conditions."  However, the separation authority approved the applicant's discharge under the provisions of Chapter 3, paragraph 3-13, AR 600-8-24, by reason of in lieu of trial by court-martial, 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 all the applicant’s military records during the term of service under review, the issues 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, 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 his misconduct, the applicant diminished the overall quality of his service below that meriting a general, under honorable conditions  discharge.  
       
       Furthermore, the analyst noted the applicant's issue; however, the narrative reason for separation is governed by specific directives.  The applicant was discharged under the provisions of Chapter 3, paragraph 3-13, AR 600-8-24.  The narrative reason specified by Army Regulations for a discharge under this paragraph is "In Lieu of Trial by Court-Martial)," the separation code is "DFS."  
       
       Army Regulation 635-5, Separation Documents, governs preparation of the DD Form 214 and dictates that entry of the narrative reason for separation, entered in block 28, separation code, entered in block 26, and RE Code, entered in block 27 of the form, will be entered exactly as listed in tables 2-2 or 2-3 of AR 635-5-1, Separation Program Designator (SPD) Codes.  The regulation further stipulates that no deviation is authorized.  There is no provision for any other reason to be  requesting a change to the narrative reason for discharge.
       
       Regarding the applicant's issue that a medical condition necessitated his departure from the military.  The evidence of record shows the applicant was admitted to Walter Reed Army Medical Center on 3 April 2004, as a transfer from Landstuhl Regional Medical Center where he had been admitted for approximately four weeks with a diagnosis of Major Depressive Disorder  (MDD) with psychotic features, Post Traumatic Stress Disorder (PTSD), and occupational stressors.  
       
       Further, the applicant was in his usual state of health until October 2003, when he was assigned to Germany for duty pathologist .  At that time he began to have symptoms of depression, to include decreased sleep, decreased interest in activities he once enjoyed, decreased concentration, and suicidal ideation.  The applicant related he had a negative reaction to the body parts he was required to deal with in the performance of his duty as a forensic pathologist.
       
       At the time he also was pending a legal investigation into his credentials.  The applicant became suicidal, was  going to hang himself, cut his wrists; a co-worker intervened and he was admitted to the hospital.  He was treated at Walter Reed Army Medical Center as an out patient, discharged on 12 April 2004, and returned to duty in Germany.  The applicant had his credentials removed at this time due to the investigation into possible forgery.
       
       The record does not support that the applicant suffers from Post Traumatic Stress Disorder.  Further, there is   no evidence to support that the applicant's discharge was the result of any medical condition.       
       
             Also, the analyst found that someone in the separation process erroneously entered on the applicant's DD Form 214 block 24, "Character of Service" to read "General, Under Honorable Conditions."  The analyst recommends that block 24, Character of Service" be administratively corrected to "Under Other Than Honorable Conditions."  Except for the foregoing modification to the applicant's "Character of Service," 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: 5 May 2010         Location: Washington, DC

Did the Applicant Testify?  Yes     No  

Counsel: NA

Witnesses/Observers: NA 

Exhibits Submitted: The applicant submitted four (4) pages of medical documentation, dated (040412).

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 directs ARBA Support Division-St Louis to administratively correct block 24, "Character of Service" to "Under Other Than Honorable Conditions."  Except for the foregoing modification to the applicant's characterization of service, 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: The Board directs ARBA Support Division-St. Louis to administratively correct block 24, "Character of Service" to "Under Other Than Honorable Conditions." 									
RE Code: 
Grade Restoration:   No   Yes   Grade: None



































Legend:
AWOL    	Absent Without Leave		GCM   General Court Martial	NA   Not applicable			SCM	Summary Court Martial
BCD   	Bad Conduct Discharge	GD      General Discharge	NIF   Not in the file			SPCM	Special Court Martial
CG 	Company Grade Article 15	HD      Honorable Discharge	OAD   Ordered to Active Duty		UNC	Uncharacterized Discharge  
DD 	Dishonorable Discharge	HS       High School Graduate	OMPF   Official Military Personnel File	UOTH  	Under Other Than Honorable 
FG	Field Grade Article 15		IADT   Initial Active Duty Training	RE     Reentry Code				Conditions 

ARMY DISCHARGE REVIEW BOARD - CASE REPORT AND DIRECTIVE

Case Number AR20090012522
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