Application Receipt Date: 060407 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: 021115 Discharge Received: Date: 030204 Chapter: 3-13 AR: 600-8-24 Reason: In Lieu of Trial by Court-Martial RE: SPD: DFS Unit/Location: Company A, Task Force Victory (Provisional), Victory Brigade, US Army Training Center, Fort Jackson, SC 29207 Time Lost: AWOL, for a total of 8 days from (020228-020306) Article 15s (Charges/Dates/Punishment): None 020326, Letter of reprimand-for wrongfully failing to properly inform his chain of command of his whereabouts or reasons for his absent during pt and normal duty hours between (28 February 2002 and 4 March 2002, (Administrative) Court-Martials (Charges/Dates/Punishment): None Counseling Records Available: Yes No IV. Soldier’s Overall Record DOB: 750918 Current ENL Date: 970531 Current ENL Term: Indefinite Years ????? Current ENL Service: 5 Yrs, 7 Mos, 26 Days The net active service this period on the DD Form 214, item 12c is incorrect, should be: 5 Years, 7 Months 26 Days, the applicant has a period of AWOL, that is not shown on his DD Form 214, item 29 Time Lost Total Service: 5 Yrs, 7 Mos, 26 Days ????? Previous Discharges: None Highest Grade: CPT/03 Performance Ratings Available: Yes No MOS: 12A 5P Armor General GT: N/A EDU: Coll Grad Overseas: None Combat: None Decorations/Awards: ARCOM, AAM, NDSM, ASR 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 on 6 November 2002, the applicant was charged with AWOL, from (28 February 2002 to 6 March 2002), failed to obey a lawful order issued by a CPT, by wrongfully failing to report for urinalysis testing (020822), wrongfully used marijuana on or about (020824-020923), and dishonorably failed to submit to a random urinalysis test (020822). On 12 November 2002, the applicant voluntarily tendered his resignation from the service under the provisions of Chapter 3, AR 600-8-24, resignation for the good of the Service in lieu of trial by a general court-martial. 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 Ad Hoc Review Board recommended that the applicant’s resignation be accepted with issuance of an under other than honorable conditions discharge. On 24 January 2003, the Deputy Assistant Secretary (Army Review Boards) approved the recommendation of the Army Ad Hoc Review Board 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 request 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 for the period of service under review, and the issue 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 3-13, AR 600-8-24. The appropriate authority approved the applicant's request and directed 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 discharge. 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: 7 February 2007 Location: Washington, DC Did the Applicant Testify? Yes No Counsel: N/A Witnesses/Observers: N/A Exhibits Submitted: N/A 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, voted to deny relief. Case report reviewed and verified by: Mr. Ron Williams, Examiner X. Board Action Directed No Change Issue a new DD Form 214 Change Characterization to: Change Reason to: None Other: None 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: 9 February 2007 Lieutenant Colonel, U.S. Army Chief, Secretary Recorder ARMY DISCHARGE REVIEW BOARD - CASE REPORT AND DIRECTIVE Case Number AR20060005278 Applicant Name: Mr. ______________________________________________________________________ Page 4 of 6 pages