Application Receipt Date: 061101
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: 961220
Discharge Received: Date: 970418
Chapter: 10 AR: 635-200
Reason: In Lieu of Trial by Court-Martial
RE: SPD: KFS
Unit/Location: Co D, Walter Reed Army Center, Fort Belvoir, VA
Time Lost: AWOL x 2 for 59 days (960708-960714 and 961021-961212), apprehended.
Article 15s (Charges/Dates/Punishment): None in the available record; however, available documents indicate the applicant was reduced to E-3 (960901).
Court-Martials (Charges/Dates/Punishment): None
Counseling Records Available: Yes No
IV. Soldier's Overall Record
DOB:
Current ENL Date: 920428 Current ENL Term: 6 Years Extended 2 months (941122)
Current ENL Service: 4 Yrs, 9Mos, 21Days Includes 118 days excess leave (961221-970418)
Total Service: 4 Yrs, 9Mos, 21Days
Previous Discharges: None
Highest Grade: E-4
Performance Ratings Available: Yes No
MOS: 76J10/Medical Supply Spec GT: 105 EDU: HS Grad Overseas: Alaska Combat: None
Decorations/Awards: AAM, AGCM, ASR, OSR
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 20 December 1996, the applicant was charged with AWOL (961021-961212). On 20 December, the applicant consulted with legal counsel and voluntarily requested, in writing, discharge under the provisions of Chapter 10, AR 635-200 in lieu of trial by court-martial. In this request, the applicant admitted guilt to the offense, or a lesser included offense. Further, 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 applicant submitted a statement in her own behalf. The unit commander recommended approval of an under other than honorable conditions discharge. On 19 March 1997, the separation authority approved the discharge with a characterization of service of under other than honorable conditions. The applicant was to be reduced to the lowest enlisted rank.
The record contains an approved Bar to Reenlistment dated 6 August 1996.
b. Legal Basis for Separation:
Army Regulation 635-200 sets forth the basic authority for the separation of enlisted personnel. Chapter 10 of that regulation provides, in pertinent part, that a member who has committed an offense or offenses for which the authorized punishment includes a punitive discharge may submit a request for a discharge for the good of the service in lieu of trial by court-martial. The request may be submitted at any time after charges have been preferred and must include the individual's admission of guilt. Army policy states that although an honorable or general discharge is authorized, a discharge under other than honorable conditions is normally considered appropriate.
c. Response to Issues, Recommendation and Rationale:
After a careful review of all the applicant's military records, and the issue she submitted, the analyst found no mitigating factors that would merit an upgrade of the applicant's discharge. The evidence of record shows the applicant was charged with the commission of an offense punishable under the Uniform Code of Military Justice (UCMJ) with a punitive discharge. The applicant consulted with defense counsel, and voluntarily in writing, requested separation from the Army in lieu of trial by court-martial. In doing so, the applicant admitted guilt to the stipulated or lesser-included offenses under the UCMJ. It is also noted that the characterization of service for this type of discharge is normally under other than honorable conditions and that the applicant was aware of that prior to requesting discharge. Furthermore, the analyst found no evidence in the available record of arbitrary or capricious actions by the command, and the applicant did not provide any supporting documents to support her contentions. 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. 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:
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 No change - Character
Change No change - Reason
(Board member names available upon request)
IX. Board Discussion, Determination, and Recommendation
Case report reviewed and verified by: , Examiner
X. Board Action Directed
No Change
Issue a new DD Form 214
Change Characterization to:
Change Reason to:
Other:
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:
Lieutenant Colonel, U.S. Army
Chief, Secretary Recorder
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