Application Receipt Date: 060317 Prior Review Prior Review Date: None I. Applicant Request Request: Upgrade Reason Change RE Code Change Issues: See DD Form 293. 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: 910715 Discharge Received: Date: 911002 Chapter: 5 AR: 635-120 Reason: Conduct Triable By Court-Martial RE: SPD: DFS Unit/Location: Company A 1st Bn 327th Inf Fort Campbell, KY 42223-500 Time Lost: None Article 15s (Charges/Dates/Punishment): None Court-Martials (Charges/Dates/Punishment): None Counseling Records Available: Yes No IV. Soldier’s Overall Record DOB: 650622 Current ENL Date: 891112 Current ENL Term: 3 Years ????? Current ENL Service: 01 Yrs, 10 Mos, 21 Days ????? Total Service: 07 Yrs, 02 Mos, 17 Days ????? Previous Discharges: USAR-820712-830630/NA RA-830701-841130/NA USAR-861205-891111/NA Highest Grade: 02 Performance Ratings Available: Yes No MOS: 11A5P Infantry Officer GT: NIF EDU: BA, Human Resources Overseas: SWA Combat: SWA (6 month, dates NIF) Decorations/Awards: AAM, NDSM, SWASM w/2 BSS, ASR, ALB V. Post-Discharge Activity Home of Record: Current Address: Post Service Accomplishments: The applicant states he is married with three children, coaches soccer, hockey, helps with ballet and ran a childcare facility. He continues by stating he is an assistant Scoutmaster and tutors children for the no child left behind program and those in foster care. VI. Facts, Circumstances, and Legal Basis for Separation a. Facts and Circumstances: The evidence of record shows that on 27 June 1991, the applicant was charged with while rear detachment commander, during Desert Sheild/Storm, wrongfully and dishonorably engage in an adulterous affair openly and notoriously with a married woman not his wife, the wife of a Soldier in his company, on divers occasions between (910201) and (910505), wrongfully have sexual intercourse with a married woman not his wife, between on or about (910607) and (910609), wrongfully have sexual intercourse with a married woman not his wife, between on or about (910607) and (910609), wrongfully have sexual intercourse with a married woman not his wife, on divers occasions between (910201) and (910505). On 9 July 1991, the applicant voluntarily tendered his resignation from the Army for the good of the service under the provisions of Chapter 5, AR 635-120. The appropriate authorities reviewed the proposed discharge action and recommended approval with an under other than honorable conditions discharge. On 6 August 1991, the Ad Hoc Review Board recommended that the applicant’s resignation for the good of the service be accepted with issuance of an under other than honorable conditions discharge. On 4 September 1991, the Deputy Assistant Secretary (Army Review Boards) approved the recommendation of the Ad Hoc Review Board that resignation for the good of the service be accepted with issuance of an under other than honorable conditions discharge. b. Legal Basis for Separation: Army regulation 635-120, in effect at the time, prescribed the procedures for the resignation of USAR commission officers on active duty. Chapter 5 allowed for an officer to submit a resignation for the good of the Service (RFGOS) in lieu of court-martial. An officer separated under this paragraph normally receives characterization of service of general, under honorable conditions or under other than honorable conditions. 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 issues he submitted, the analyst recommend that the applicant’s characterization of service be upgraded to general, under honorable conditions. This recommendation was made after full consideration of his faithful and honorable service, as well as his record of misconduct. The evidence in this case supports a conclusion that the applicant’s characterization of service was too harsh, and as a result it is now inequitable. While the applicant's misconduct is not condoned, the analyst found that the overall length and quality of the applicant's service to include his combat service, the time that has elasped since his discharge and his post service accomplishments mitigated the discrediting entries in his service record. However, the analyst determined that the reason for discharge was both proper and equitable. VII. Summary of Army Discharge Review Board Hearing Type of Hearing: Date: 070307 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 term under review and considering the analyst’s recommendation and rationale, the Board determined that the characterization of service was too harsh and as a result, it is now inequitable. Accordingly, the Board voted to grant partial relief in the form of an upgrade of the characterization of service to general, under honorable conditions. However, the Board determined that the reason for 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: MARK E. COLLINS Colonel, U.S. Army President, Army Discharge Review Board Official: MARY E. SHAW DATE: 070308 Lieutenant Colonel, U.S. Army Chief, Secretary Recorder ARMY DISCHARGE REVIEW BOARD - CASE REPORT AND DIRECTIVE Case Number AR20060003867 Applicant Name: Mr. ______________________________________________________________________ Page 5 of 5 pages