Applicant Name:  ?????

Application Receipt Date: 2010/05/17	Prior Review:     Prior Review Date: NA     

I.  Applicant Request:  Upgrade     Reason Change     RE Code Change    

Issues: The applicant states in effect that he would like an upgrade of his discharge from an other than honorable conditions discharge to a honorable 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: 010816
Discharge Received: 			   Date: 011030   Chapter: 3-13       AR: 600-8-24
Reason: In Lieu of Trial By Court-Martial	   RE:     SPD: DFS   Unit/Location: B Co, 551th Sig Bn, Fort Gordon, 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:  32
Current ENL Date: 990127    Current ENL Term: 06 Years  ?????
Current ENL Service: 	02 Yrs, 09Mos, 04Days ?????
Total Service:  		14 Yrs, 11Mos, 19Days ?????
Previous Discharges: 	RA-861112-900502/HD
                                       RA-900503-930201/HD
                                       RA-930202-940606/HD
                                       RA-940607-990126/HD
Highest Grade: W2		Performance Ratings Available: Yes    No 
MOS: 351B0/CI Tech   GT: NA   EDU: 2 Yrs Coll   Overseas: Southwest Asia   Combat: Kuwait (Period of service not found in the available records).
Decorations/Awards: MSM, ARCOM-2, AAM-3, AGCM-4, NDSM, AFEM, AFSM, NCOPDR-3, OSR-2

V.  Post-Discharge Activity
City, State:  Milford, PA
Post Service Accomplishments: The applicant states: "I have worked diligently in the interim of my Bachelor of Science and will graduate from the University of Scranton with a triple major; Human Resources, Psychology, and Business."









VI.  Facts, Circumstances, and Legal Basis for Separation

       a.  Facts and Circumstances:
       The evidence of record shows that on 6 August 2001, the applicant was charged with wrongfully engaging in a prohibited relationship with SPC DLC between (000721 and 010420), making a false statement to a commissioned officer (010412), kissing, hugging and holding hands with SPC DLC between (000721 and 010420), lying to another Soldier in an attempt to locate SPC DLC between (000721 and 010420), forcing another Soldier to accompany him and SPC DLC to lunch between (000721 and 010420), physically restraining SPC DLC from leaving his apartment between (000721 and 010420), wrongfully having sexual intercourse with SPC DLC between (000721 and 010117), wrongfully endeavoring to impede an investigation between (000721 and 010420), wrongfully communicating to another Soldier to end his career between (000721 and 010420), wrongfully communicating to three noncommissioned officers to end their careers between (000721 and 010420), and wrongfully communicating to another Soldier to injure him with a bat between (000721 and 010420).
       
       On 15 August 2001, 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 appear before a board of officers.  The applicant was advised of his rights and understood that if his resignation was accepted, he could receive any type of discharge as determined by Headquarters DA.  
       
       The applicant's chain of command recommended disapproval of the resignation for the good of the service with issuance of an under other than honorable conditions discharge.  On 17 August 2001, the Commander, US Army Signal Center and Fort Gordon, Fort Gordon, 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 4 October 2001, 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 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 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 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 his misconduct, the applicant diminished the overall quality of his service below that meriting a fully honorable discharge.
       
       
       
       
       
       
       The analyst acknowledges the applicant's post-service accomplishment and his successful transition to civilian life outlined with the application.  However, in review of the applicant’s entire service record, the analyst found that these accomplishments did not overcome the reason for discharge and characterization of service granted. 
       
       In view of the foregoing, the analyst determined 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: 25 February 2011         Location: Washington, DC

Did the Applicant Testify?  Yes     No  

Counsel: NA

Witnesses/Observers: NA 

Exhibits Submitted: DD Form 293, Officer Evaluation Report, Recommendation for Award (3), NCO Evaluation Report (4), Service School Academic Evaluation Report (2), Order for award of the Good Conduct Medal (Fourth Award), Air Assault Badge, Certificate for award of the NATO Medal, Certificate of Achievement, Letter of Commendation, Certificate for Distinguished Instructor, Memorandum, dated 12 January 1992 and 28 January 1992, Memorandum of Commendation, DD Form 214 for period of service ending (990126), and DD Form 214 for the period of service under review.

VIII.  Board Discussion, Determination, and Recommendation
After carefully examining the applicant’s record of service during the term of service 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 AR20100015212
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