Application Receipt Date: 060323 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: NIF Discharge Received: Date: 040426 Chapter: 3 AR: 600-8-24 Reason: In Lieu Of Trial By Court-Martial RE: SPD: DFS Unit/Location: B Company 110th Engineer Bn Fort Sill, OK 73503 Time Lost: AWOL-39 days (040315-040316), (040423-040424), and again (040318-040422). Article 15s (Charges/Dates/Punishment): 930625, Section 59-failure to obey an order or regulation, by not turning in his weapon and ammunition upon relief from guard duty, (CG). Court-Martials (Charges/Dates/Punishment): None Counseling Records Available: Yes No IV. Soldier’s Overall Record DOB: 700514 Current ENL Date: 030530 Current ENL Term: NIF Years ????? Current ENL Service: 00 Yrs, 09Mos, 17 Days ????? Total Service: 16 Yrs, 10 Mos, 28 Days ????? Previous Discharges: ARNG-870527-870630 IADT-870701-870821/NA ARNG-870822-880608/NA ADT-880609-880729/HD USARCG-880730-930614/HD ARNG-940223-960803/HD ARNG-960804-961116/NA ADT-961117-970402/UNC ARNG-970403-011001/HD ARNG-011002-020915/NA ARNG-020916-030529/NA Highest Grade: 02 Performance Ratings Available: Yes No MOS: 21B Combat Engineer GT: 134 EDU: BA, Art & Sciences Overseas: None Combat: None Decorations/Awards: ARCAM (2), NDSM (2),GWOTSM, AFRM w/"M" Device, NCOPDR, ASR, ARCOTR, V. Post-Discharge Activity Home of Record: Current Address: Post Service Accomplishments: None Listed VI. Facts, Circumstances, and Legal Basis for Separation a. Facts and Circumstances: Evidence of record shows that the applicant was charged on 3 March 2004, in that he did violate a lawful general regulation, by wrongful association with a SGT, between on or about (030601) and (031123, willfully damage by kicking, the glass of a bus stop, military property of the United States, damage in the amount of less than $500.00, (031224), wrongfully use cocaine, between on or about (031019) and 031119), and knowingly fraternize with a SGT, an enlisted person, on terms of military equality, between on or about (030601) and (031123). On 3 March 2004, the applicant voluntarily tendered his resignation in lieu of trial by a General Court Martial under the provisions of AR 600-8-24, Chapter 3-13. 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 11 March 2004, the Commander, U.S. Army Field Artillery Center, Fort Sill, OK recommended disapproval of the applicant's resignation in lieu of trial by a General Court-Martial. The Ad Hoc Review Board met. On 18 April 2004, the Deputy Assistant Secretary (Army Review Boards) accepted the applicant's resignation, approved the recommendation of the Army Ad Hoc Review Board, 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 and the issues he submitted, 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 his misconduct, the applicant diminished the overall quality of his service below that meriting a fully honorable or general, under honorable conditions discharge. Therefore, the analyst determined that 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: 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 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: 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 AR20060004119 Applicant Name: Mr. ______________________________________________________________________ Page 5 of 5 pages