Application Receipt Date: 060315 Prior Review Prior Review Date: None I. Applicant Request Request: Upgrade Reason Change RE Code Change Issues: See DD Form 293 and attached supporting 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: 050213 Chapter: 3 AR: 600-8-24 Reason: In Lieu Of Trial By Court-Martial RE: SPD: DFS Unit/Location: 0121MDUNIT Base P8 Yongsan Transition Center, AP 96205 Time Lost: AWOL-66 days (040618-040823) mode of return NIF. Article 15s (Charges/Dates/Punishment): None Court-Martials (Charges/Dates/Punishment): None Counseling Records Available: Yes No IV. Soldier’s Overall Record DOB: 700116 Current ENL Date: 0AD/030728 Current ENL Term: 3 Years Item 12a on DD Form 214 date entered active duty is incorrect, should read 030728 Current ENL Service: 01 Yrs, 06 Mos, 16 Days ????? Total Service: 07 Yrs, 07Mos, 19Days ????? Previous Discharges: USAR-970418-030727/NA Highest Grade: O3 Performance Ratings Available: Yes No MOS: 62A00 Emergency Physician GT: NA EDU: BS/MD Overseas: Korea Combat: None Decorations/Awards: NDSM, GWOTSM, ASR V. Post-Discharge Activity Home of Record: Current Address: Post Service Accomplishments: The applicant is an attending physician in the Emergency Department at the Cleveland Clinic Foundation, which includes various duties and responsibilities. VI. Facts, Circumstances, and Legal Basis for Separation a. Facts and Circumstances: Evidence of record shows that the applicant was charged on 26 July 2004, in that he did draw or lift a weapon, to wit; a knife, against a Major (040617), wrongfully communicate to a Major a threat to kill Colonel and Colonel, by stating "I'm going to kill them" or words to that effect (040617), wrongfully communicate to a Major a threat to injure a Major by stating, "and I'm going to get you" or words to that effect. On 15 October 2004, the applicant voluntarily tendered his resignation in lieu of trial by a General Court-Martial under the provisions of Chapter 3, paragraph 3-13 AR 600-8-24. 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. On 29 November 2004, the Commander, HQ, Eighth United States Army recommended approval of the applicant's resignation in lieu of trial by a General Court-Martial. The Ad Hoc Review Board met; and on 14 December 2004, 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 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 careful review of all the applicant's military records for the term of service under review, the analyst recommends relief be denied in this case. The evidence of record shows that the separation authority approved the applicant's discharge under the provisions of Chapter 3, AR 600-8-24, paragraph 3-13, in lieu of trial by a General Court-Martial with a characterization of service of under other than honorable conditions. The applicant provided no independent corroborating evidence demonstrating that either the command's action was erroneous or that the applicant’s service mitigated the misconduct. 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. Accordingly, the analyst determined that the applicant's narrative reason for discharge and the characterization of service were both proper and equitable. VII. Summary of Army Discharge Review Board Hearing Type of Hearing: Date: 061204 Location: Washington, DC Did the Applicant Testify? Yes No Counsel: Yes Witnesses/Observers: Yes Exhibits Submitted: The applicant submitted twenty-nine documents in support of his personal appearance hearing. 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, hearing his testimony, and considering the analyst’s recommendation and rationale, the Board determined that the discharge of service was too harsh, and as a result it is now inequitable. The Board found that the circumstances surrounding the discharge and his post service accomplishments mitigated the discrediting entries in his service record. Accordingly, the Board voted to grant relief in the form of an upgrade of the characterization of service to fully honorable and a change to the narrative reason for separation to miscellaneous/general reasons with a corresponding separation code (SPD) of "FND." 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: miscellaneous/general reasons with a corresponding separation code (SPD) of "FND." 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: 061208 Lieutenant Colonel, U.S. Army Chief, Secretary Recorder ARMY DISCHARGE REVIEW BOARD - CASE REPORT AND DIRECTIVE Case Number AR20060003838 Applicant Name: Mr. ______________________________________________________________________ Page 5 of 5 pages