Application Receipt Date: 2006/10/20 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: 060425 Discharge Received: Date: 060602 Chapter: 3-13 AR: 600-8-24 Reason: In lieu of trial by court martial RE: SPD: DFS Unit/Location: Headquarters and Headquarters Company, 100th Missile Defense Brigade, Peterson Air Force Base, CO 80916 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: 571119 Current ENL Date: 870527 Current ENL Term: Indef Years Current ENL Service: Yrs, Mos, Days Total Service: 22 Yrs, 07 Mos, 16 Days Previous Discharges: USAR 850826-870527/ NA USAR 880204-951215/ HD ADT 981218-981225/ HD ADT 990114-990513/ HD ADT 990825-000219/ HD ADT 000321-000806/ HD Highest Grade: MAJ Performance Ratings Available: Yes No MOS: 14A Air Defense Artillery GT: NA EDU: College Grad-Master Public Admin Overseas: Brazil CSC (031017-040117) Combat: OEF (010928-011223) Decorations/Awards: ASR / NDSM(2OLC) / GWOT / GWOTE/ OSR / AFRMM/ AAM/ARCOM / MSM (2OLC)/ JSCM/ JSAM (2OLC) 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: The evidence of record shows that on 4 April 2006, the applicant was charged with providing false statements to Peterson AFB Installation Security Division (050324), falsifying a marriage license (021012), providing false orders in order to break a lease (041001), unlawfully altered a public record (0206 and 0210), impeded an investigation (051219), wrongfully harbor and shielded an illegal immigrant (0101 to 0210), and under false pretenses wrongfully obtained medical services for said illegal immigrant (050423). On 10 April 2006, 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 or a board of officers. 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 2 June 2006, 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 sets the basic authority for Officer Transfers and Discharges. Chapter outlines the policy and procedure for the elimination of officers from the active Army for substandard performance of duty, misconduct, moral or professional dereliction, and the interest of national security. c. Response to Issues, Recommendation and Rationale: After a careful review of all the applicant's military records, 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, 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 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: 18 December 2007 Location: Washington D.C. 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 0 No change 5 - Character Change 0 No change 5 - 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 to deny relief. Case report reviewed and verified by: Edgar Yanger, Examiner X. Board Action Directed No Change Issue a new DD Form 214 Change Characterization to: Change Reason to: NA Other: NA RE Code: Grade Restoration: No Yes Grade: XI. Certification Signature and Date Approval Authority: MARK E. COLLINS Colonel, U.S. Army President, Army Discharge Review Board Official: CHRISTINE U. MARTINSON DATE: 20 December 2007 Lieutenant Colonel, U.S. Army Chief, Secretary Recorder ARMY DISCHARGE REVIEW BOARD - CASE REPORT AND DIRECTIVE Case Number AR20060014825 Applicant Name: Mr. ______________________________________________________________________ Page 1 of 5 pages