Application Receipt Date: 060210 Prior Review Prior Review Date: None I. Applicant Request Request: Upgrade Reason Change RE Code Change Issues: See DD Form 293 and attached documents. II. Were Proper Discharge and Separation Authority procedures followed? Yes No Tender Offer: ????? See Attachments: Legal Medical Minority Opinion Exhibits III. Original Character of Discharge Unit CDR Recommended Discharge: Date: NIF Discharge Received: Date: 050511 Chapter: 3-13 AR: 600-8-24 Reason: In Lieu Of Trial By Court-Martial RE: SPD: DFS Unit/Location: E Company 244th QM Bn 23rd QM Bde TC Fort Lee, VA 23801 Time Lost: None Article 15s (Charges/Dates/Punishment): NIF Court-Martials (Charges/Dates/Punishment): NIF Counseling Records Available: Yes No IV. Soldier’s Overall Record DOB: 721128 Current ENL Date: 040926 Current ENL Term: NIF Years ????? Current ENL Service: 00 Yrs, 07Mos, 16Days ????? Total Service: 07 Yrs, 05 Mos, 02 Days ????? Previous Discharges: ARNG-971210-040925/NA Highest Grade: 01 Performance Ratings Available: Yes No MOS: 92A00 QM General GT: NA EDU: Bachelor Social Science Overseas: None Combat: None Decorations/Awards: NDSM, GWOTSM, ASR V. Post-Discharge Activity Home of Record: Current Address: Post Service Accomplishments: The applicant states he is married and the father of two children; has been a Puerto Rico State Police Officer for eleven years. He received associate degrees in criminal justice and computer programming, and completed his bachelor degree in criminal justice from Turabo University in June 2004. VI. Facts, Circumstances, and Legal Basis for Separation a. Facts and Circumstances: The specific facts and circumstances leading to the applicant’s discharge are not contained in the available records. However, the record does contain a properly constituted DD form 214 (Certificate of Release or Discharge from Active Duty), which was authenticated by the applicant's signature. That DD Form 214 indicates that he was discharged under the provisions of Chapter 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. Furthermore, the DD Form 214 shows a Separation Code of DFS. Evidence of record shows that on 10 May 2005, Orders 130-0502, DA, HQ, US Army Combined Arms Support Command, Fort Lee, Virginia, discharged the applicant from the United States Army Reserve, effective date: 11 May 2005. 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 available records for the term of service under review, the issues and documents he submitted, the analyst finds no facts that would merit an upgrade of the applicant's discharge. The applicant’s record is void of the specific facts and circumstances concerning the events that led to his discharge from the United States Army Reserve. However, the applicant’s record does contain a properly constituted DD Form 214 (Certificate of Release or Discharge from Active Duty), which was authenticated by the applicant's signature. This document identifies the reason and characterization of the discharge and Government regularity in the discharge process is presumed. That DD Form 214 indicates that the applicant was discharged under the provisions of Chapter 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. Barring evidence to the contrary, 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. Therefore, the reason for discharge and the characterization of service remains both proper and equitable. VII. Summary of Army Discharge Review Board Hearing Type of Hearing: Date: 070124 Location: Washington, DC Did the Applicant Testify? Yes No Counsel: NA Witnesses/Observers: NA Exhibits Submitted: NA VIII. Board Decision The discharge was: Proper Improper Equitable Inequitable The characterization of service was: Proper Improper Equitable Inequitable The narrative reasons were: Equitable Inequitable DRB voting record: Change No change (Character) Change No change (Reason) (Board member names available upon request) IX. 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 not to change it. Case report reviewed and verified by: Mr. Kenneth McFarley, Examiner X. Board Action Directed No Change Issue a new DD Form 214 Change Characterization to: Change Reason to: None Other: NA RE Code: Grade Restoration: No Yes Grade: None XI. Certification Signature and Date Approval Authority: ROBERT L. HOUSE Colonel, U.S. Army President, Army Discharge Review Board Official: MARY E. SHAW DATE: 070126 Lieutenant Colonel, U.S. Army Chief, Secretary Recorder ARMY DISCHARGE REVIEW BOARD - CASE REPORT AND DIRECTIVE Case Number AR20060002244 Applicant Name: Mr. ______________________________________________________________________ Page 5 of 5 pages