Applicant Name: ????? Application Receipt Date: 2009/02/18 Prior Review: Prior Review Date: 060920 I. Applicant Request: Upgrade Reason Change RE Code Change Issues: See DD Form 293 and attached documents submitted by the applicant. 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: 040526 Discharge Received: Date: 040813 Chapter: 3-13 AR: 600-8-24 Reason: In Lieu of Trial by Court-Martial RE: SPD: DFS Unit/Location: HHC, 1st Bde, 1st AR DIV, Fort Riley, KS 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: 21 Current ENL Date: 970626 Current ENL Term: Indef Years ????? Current ENL Service: 0 Yrs, 01Mos, 18Days ????? Total Service: 08 Yrs, 00Mos, 22Days ????? Previous Discharges: None Highest Grade: 0-3 Performance Ratings Available: Yes No MOS: Quartermaster Officer GT: NA EDU: USMA GRAD Overseas: Guatamala, SWA Combat: Iraq (030428-040405) Decorations/Awards: ARCOM, AAM, JMUA, NDSM (2), GWOTSM, GWOTEM, HSM, ASR V. Post-Discharge Activity City, State: ????? Post Service Accomplishments: See attached DD Form 293 and attached documents submitted by the applicant. VI. Facts, Circumstances, and Legal Basis for Separation a. Facts and Circumstances: The evidence of record shows that on 8 March 2004, the applicant was charged with AWOL (030417-030422); AWOL (021101-021111); failing to go at the time prescribed to her appointed place of duty x3 (030429; 030528; 030602); disobeying a lawful command issued by a superior commissioned officer x2 (030429; 030602); with intent to deceive, making false statements to a superior commissioned officer and two NCOs on 18 September 2003, 4 January 2003 and 5 January 2003, respectively; with intent to deceive, wrongfully altering a DA 31 x2 (021112; 021213). On 3 May 2004, the applicant consulted with legal counsel and voluntarily tendered her resignation from the service under the requested, in writing, discharge under the provisions of Chapter 3, AR 600-8-24, for the good of the Service in lieu of trial by a general court-martial or a board of officers. The applicant indicated that she understood that she could receive an under other than honorable conditions discharge and that the discharge would have a significant effect on eligibility for veteran’s benefits. 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. On 7 July 2004, 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 general, under 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 issue and documents submitted with the application, the analyst found no mitigating factors that would merit an upgrade of the applicant's discharge. The evidence of record shows that the former Soldier 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 the misconduct, the applicant diminished the overall quality of her service below that meriting a fully honorable or general, under honorable conditions discharge. Furthermore, the analyst noted the applicant's issue; however, found no evidence of arbitrary or capricious actions by the command. The analyst was satisfied that all requirements of law and regulation were met and the rights of the applicant were fully protected throughout the separation process. In view of the foregoing, the analyst determined that the reason for discharge and the characterization of service remains both proper and equitable and recommends to the Board to deny relief. VII. Summary of Army Discharge Review Board Hearing Type of Hearing: Date: 19 October 2009 Location: Washington, D.C. Did the Applicant Testify? Yes No Counsel: None Witnesses/Observers: Yes; one observer Exhibits Submitted: None VIII. Board Discussion, Determination, and Recommendation After carefully examining the applicant’s record of service during the period of enlistment under review, her testimony, 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 inequitable, based on the overall length and quality of the applicant's service, and her combat tour in Iraq. Accordingly, the Board voted to grant relief in the form of an upgrade of the characterization of service to fully honorable. The Board determined that the reason for discharge was both proper and equitable and voted not to change it. IX. Board Decision XI. Certification Signature Board Vote: Approval Authority: Character - Change 4 No change 1 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: NA ARMY DISCHARGE REVIEW BOARD - CASE REPORT AND DIRECTIVE Case Number AR20090006429 ______________________________________________________________________________ Page 2 of 3 pages