Applicant Name: ????? Application Receipt Date: 2011/03/25 Prior Review: Prior Review Date: NA I. Applicant Request: Upgrade Reason Change RE Code Change Issues: The applicant states, in effect, that he was suffering and was being treated for an unfitting psychiatric condition which should have resulted in him being processed for a medical board under the provisions of AR 635-40 instead of in lieu of trial by court-martial. He requests an upgrade of his discharge to either general, under honorable conditions or to fully honorable. 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: 090330 Discharge Received: Date: 090504 Chapter: 3-13 AR: 600-8-24 Reason: In Lieu of Trial by Court-Martial RE: SPD: DFS Unit/Location: A Co, 1-228 AV Rgt, Soto Cano AB, Honduras 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: 28 Current ENL Date: 060601 Current ENL Term: 6 Years ????? Current ENL Service: 02 Yrs, 11Mos, 19Days ????? Total Service: 09 Yrs, 03Mos, 07Days ????? Previous Discharges: RA 000203-050225/HD RA 050226-060531/HD Highest Grade: CW2 Performance Ratings Available: Yes No MOS: 153D/UH-60 Pilot GT: NA EDU: 2 years of college Overseas: SWA, Honduras Combat: Iraq (021011-031011 and 040801-050303) Decorations/Awards: AM-3, ARCOM, AAM-3, JMUA, MUC, VUA, AGCM-2, NDSM, GWOTEM, GWOTSM, HCM, ICM-CS, ASR, OSR-3 V. Post-Discharge Activity City, State: Gloverville, SC Post Service Accomplishments: None listed VI. Facts, Circumstances, and Legal Basis for Separation a. Facts and Circumstances: The evidence of record shows that the applicant was charged with failure to report to his designated place of duty (081112), violation of a lawful general regulation on divers occasions by wrongfully using his government travel card (080512-080711), two specifications of with intent to deceive providing a false statement to a CID Agent (080826 and 080924), making a false claim against the US Government in the amount of $7,198.00 for lodging reimbursement (080806). On 6 January 2009, 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 recommended that the applicant’s resignation be accepted with issuance of an under other than honorable conditions discharge. On 4 May 2009, the Deputy Assistant Secretary (Army Review Boards) approved the recommendation of the Army Ad Hoc Review Board and directed the applicant’s 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 fully honorable or general, under honorable conditions discharge. The applicant contends that that he had an exceptional record and that he was suffering and was being treated for a medical condition. The analyst acknowledges the applicant’s in-service accomplishments and considered the quality of his service during the initial portion of the enlistment under review. However, this service was determined not to be sufficiently mitigating to warrant an upgrade to the characterization of discharge as shown by the repeated incidents of serious misconduct for violations of the Uniformed Code of Military Justice. The applicant contends that he should have been medically discharged; however, the analyst determined that Army Regulation 635-200, in pertinent part, stipulates that commanders will not take action to separate Soldiers for a medical condition like a personality or adjustment disorders solely to spare a Soldier who may have committed serious acts of misconduct. 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: 26 October 2011 Location: Washington, DC Did the Applicant Testify? Yes No Counsel: [ redacted ] Witnesses/Observers: NA Exhibits Submitted: Counsel's arguments and letter to the Board, resignation, OER, ERB, DD Form 214, matters of extenuation memorandum, spouse's support letter. 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 AR20110005820 ______________________________________________________________________________ Page 1 of 3 pages