Applicant Name: ????? Application Receipt Date: 2008/06/09 Prior Review: Prior Review Date: NA I. Applicant Request: Upgrade Reason Change RE Code Change Issues: The applicant submitted no issues of equity or propriety to be considered by the Board. II. Were Proper Discharge and Separation Authority procedures followed? Tender Offer: NA See Attachments: Legal Medical Minority Opinion Exhibits III. Discharge Under Review Unit CDR Recommended Discharge: Date: 070308 Discharge Received: Date: 070406 Chapter: 3-13 AR: 600-8-24 Reason: In Lieu of Trial by Court-Martial RE: SPD: DFS Unit/Location: 1-25 IN Bn, Rear Det, Fort Wainwright, AK Time Lost: None Article 15s (Charges/Dates/Punishment): None Courts-Martial (Charges/Dates/Punishment): None Counseling Records Available: Yes No IV. Soldier’s Overall Record Age at current enlistment: 30 Current ENL Date: 971203 Current ENL Term: Indef Years ????? Current ENL Service: 09 Yrs, 04Mos, 04Days ????? Total Service: 14 Yrs, 07Mos, 10Days ????? Previous Discharges: USAR-881207-890201/NA RA-890202-920505/HD USAR-920506-95801/NA USAR-950802-960125/NA USAR/Cadet-960126-971202/NA Highest Grade: 0-3 Performance Ratings Available: Yes No MOS: 11A Infantry GT: NA EDU: BA Degree Overseas: Southwest Asia (Prior Service)/Alaska Combat: Saudi Arabia (900929-910325 Prior Service)/Iraq (050815-060115) Decorations/Awards: BSM, MSM, ARCOM-W/"V" DEV (Prior Service), ARCOM, AAM, AGCM, NDSM-2 (1 Prior Service), AFEM, SWASM-2 BSS (Prior Service), ICM, GWOTSM, ASR, OSR, KLM-SA, KLM-Kuwait, CIB V. Post-Discharge Activity City, State: Royal Palm Beach, FL Post Service Accomplishments: None Listed VI. Facts, Circumstances, and Legal Basis for Separation a. Facts and Circumstances: Evidence of record shows that on 29 November 2006, the applicant was charged with committing sodomy with a PV2 (061029), wrongfully and dishonorably used his rank, position or authority to lure a PV2 to his home with intent to engage in sexual intercourse with her, and that such an act constituted conduct unbecoming an officer and a gentleman (061029); knowingly fraternize with a PV2 an enlisted person, on terms of military equality (061029); knowingly fraternize with a SPC an enlisted person, on terms of military equality, by socializing with him at the Artic Oasis, and designating said SPC as his driver in the event that the applicant consumed too much alcohol to drive (061029), the applicant, a married man did wrongfully have sexual intercourse with a PV2, a woman not his wife on or about (061029). On 5 January 2007, the applicant was additionally charged with wrongfully and dishonorably making repeated and unwanted advances of a personal nature to Mrs. SH, whose husband was killed in combat in Iraq, and such an act constituted conduct unbecoming an officer and gentleman x 2 (060801) and (060815). On 2 March 2007, the applicant voluntarily tendered his resignation in lieu of trial by a General Court-Martial under the provisions of Chapter 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 8 March 2007, the Commander, Headquarters, U.S. Army Alaska, Fort Richardson, AK 99505, recommended approval of the applicant's resignation for the good of the service-in lieu of trial by a General Court-Martial, with an under other than honorable conditions discharge. The Ad Hoc Review Board met; and on 11 August 2006, 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 a careful review of all the applicant’s military records during the term of service under review and the documents 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, paragraph 3-13, 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 general or a fully honorable discharge. The analyst noted that the separation approving authority approved the applicant's discharged under the provision of Chapter 3, Paragraph 3-13, AR 600-8-24, by reason of resignation for the good of the service -in lieu of trial by a General Court-Martial, with an under other than honorable conditions discharge. However, the evidence of record shows that someone in the separation process erroneously entered on the DD Form 214, block 24 a characteization of service of "general, under honorable conditions." It is the Board's policy not to change the characterization of service to a lesser degree than received even though substantiated in the applicant's record. The Board will not downgrade a characterization of service. Therefore, the analyst determined that the reason for discharge and the characterization of service were both proper and equitable and recommends to the Board to deny relief. VII. Summary of Army Discharge Review Board Hearing Type of Hearing: Date: 20 March 2009 Location: Washington, DC Did the Applicant Testify? Yes No Counsel: NA Witnesses/Observers: NA Exhibits Submitted: NA VIII. Board Discussion, Determination, and Recommendation After carefully examining the applicant’s record of service during the term of service 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. IX. Board Decision XI. Certification Signature Board Vote: Approval Authority: Character - Change 0 No change 5 Reason - Change 0 No change 5 (Board member names available upon request) EDGAR J. YANGER Colonel, U.S. Army X. Board Action Directed President, Army Discharge Review Board Issue a new DD Form 214 Change Characterization to: Change Reason to: No Change Other: NA RE Code: Grade Restoration: No Yes Grade: None ARMY DISCHARGE REVIEW BOARD - CASE REPORT AND DIRECTIVE Case Number AR20080009262 ______________________________________________________________________________ Page 1 of 3 pages