Applicant Name:  ?????

Application Receipt Date: 2009/12/03	Prior Review:     Prior Review Date: NA     

I.  Applicant Request:  Upgrade     Reason Change     RE Code Change    

Issues: The applicant states in effect that he received a traumatic brain injury as a result of car accident.  He was not in his right mind but he is much better now.  His injuries affected the front lobe of his brain which contains impulsive behavior,, memory loss, amongst other things.  Before the car accident he would have never considered disobeying orders or going AWOL.  He is now better and wishes to file a claim with the VA but needs an upgrade of his discharge.

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: 071009
Discharge Received: 			   Date: 080229   Chapter: 3-13    AR: 600-8-24
Reason: In Lieu of Trail by Court-Martial	   RE:     SPD: DFS   Unit/Location: E Co, 16th OD Bn, Aberdeen PG, MD 

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:  25
Current ENL Date: 050519    Current ENL Term: 3 Years  ?????
Current ENL Service: 	02 Yrs, 09Mos, 12Days ?????
Total Service:  		08 Yrs, 10Mos, 22Days ?????
Previous Discharges: 	RA 990407-030512/HD
Highest Grade: O-1		Performance Ratings Available: Yes    No 
MOS: None   GT: 112   EDU: BA (Computer Science)   Overseas: Hawaii   Combat: None
Decorations/Awards: AAM, NDSM, AGCM, GWOTSM, NCOPDR, ASR, OSR

V.  Post-Discharge Activity
City, State:  Waukegan, IL
Post Service Accomplishments: None listed

VI.  Facts, Circumstances, and Legal Basis for Separation

       a.  Facts and Circumstances:
       The evidence of record shows that on 9 October 2007, the applicant was charged with disobeying the lawful order of a commissioned officer on two occasions (070910, 071001), wrongfully having intercourse with a woman not his wife (051101-060215), wrongfully using cocaine on four occasions (061003-061006, 061009- 061011, 061112-061115, 070108-070111), wrongfully using heroin on two occasions (061010-061010, 070108-070111), AWOL (061103-061106), and wrongfully making statements that he was having a sexual relationship with a classmate, a woman not his wife (051201-060215), 
       
       On 14 December 2007, the applicant consulted with legal counsel and voluntarily tendered his resignation from the Army in writing, 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 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 Department of the Army Ad Hoc Review Board reviewed the resignation for the good of the service in lieu of general court-martial tendered by the applicant.  
       
       On 5 February 2008, the Deputy Assistant Secretary (Army Review Boards) accepted the applicant’s request for resignation in lieu of trail by general court-martial and directed that the applicant be discharge 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 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 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, 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 his service below that meriting a general, under honorable conditions or a fully honorable.  
       
       The applicant contends that he had suffered a car accident and that it caused him a traumatic brain injury whch affected his judgment.  However, he provides no documentation to support his contention.  There is a presumption of regularity in the conduct of government affairs and this presumption is applied in all Army discharge reviews unless there is substantial credible evidence to rebut it.  There is no evidence in the record, nor has the applicant produced any evidence, to support his contention that his judgment was affected as he claims by a car accident.  In fact, the applicant’s numerous charges of wrongfully using drugs, being AWOL, and having a sexual relationship with a woman not his wife led to the court-martial charges that were preferred against him.  The applicant’s statement alone does not overcome the presumption of government regularity in this case and he provided no documentation or further evidence in support of his request for an upgrade of his discharge.  
       
       Further, eligibility for veteran's benefits to include medical benefits does not fall within the purview of the Army Discharge Review Board.  Accordingly, the applicant should contact a local office of the Department of Veterans Affairs for further assistance.
       
       Therefore, the analyst determined that the reason for discharge and the characterization of service remain both, proper and equitable and recommends to the Board to deny relief.
       
       
       
       
       
       
       
       

VII.  Summary of Army Discharge Review Board Hearing

Type of Hearing: 		Date: 15 September 2010         Location: Washington, D.C.

Did the Applicant Testify?  Yes     No  

Counsel: None

Witnesses/Observers: NA 

Exhibits Submitted: DD Forms 214, a self-authored statement.

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 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: NA
Other: NA										
RE Code: 
Grade Restoration:   No   Yes   Grade: NA


















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 AR20100000335
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