Application Receipt Date: 061208
Prior Review Prior Review Date: None
I. Applicant Request
Request: Upgrade Reason Change RE Code Change
Issues: See enclosed DD Form 293 submitted by the Applicant
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: 920910
Discharge Received: Date: 921118
Chapter: 10 AR: 635-200
Reason: For The Good of The Service -In Lieu of Trial by Court-Martial
RE: SPD: KFS
Unit/Location: Co E, 407th Supply and Transport Bn 82d Airborne Division, Fort Bragg, NC
Time Lost: None
Article 15s (Charges/Dates/Punishment): None The analyst noted that the applicant was reduced from SPC to PV1 920731
Court-Martials (Charges/Dates/Punishment): DOLO, FTR, 920909
Counseling Records Available: Yes No
IV. Soldier's Overall Record
DOB: 680928
Current ENL Date: 870409 Current ENL Term: 3 Years
Current ENL Service: 2 Yrs, 08Mos, 07Days
Total Service: 5 Yrs, 07Mos, 10Days
Previous Discharges: RA 870409-900311/HD
Highest Grade: E-4
Performance Ratings Available: Yes No
MOS: 43E1P/Parachute Rigger GT: 105 EDU: NIF Overseas: Saudi Arabia Combat: Saudi Arabia 900907-910405
Decorations/Awards: ASR, NDSM, SWASM w/Bronze Star-2, KLM-SA
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 0 September 1992, the applicant was charged with (wrongfully failing to go to extra duty and failing to remain within specified limits 27 and 28 August 1992). On 16 November 1992, 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 he understood that he 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 did not submit a statement in his own behalf. The unit commander and intermediate commander recommended approval of a Bad Conduct Discharge. On 3 November 1992, 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.
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 available military records during the period of enlistment under review, the issues and documents he submitted, the analyst recommends that the applicant's characterization of service be upgraded to general, under honorable conditions. This recommendation was made after full consideration of his faithful and honorable service, as well as his record of misconduct (the analyst noted that the applicant was reduced from SPC to PV1 920731, no ART 15 in the file). The evidence in this case supports a conclusion that the applicant's characterization of service is now too harsh, and as a result it is inequitable. While the applicant's misconduct is not condoned, the analyst noted that the overall length of the applicant's service, to include his combat service, and time elapsed mitigated the discrediting entries in his service record. Accordingly, the analyst recommends to the Board that the applicant's characterization of service be upgraded to general, under honorable conditions. However, the reason for discharge remains both proper and equitable.
VII. Summary of Army Discharge Review Board Hearing
Type of Hearing: Date: Location: Washington, DC
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: Timon M. Oujiri, 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
ARMY DISCHARGE REVIEW BOARD - CASE REPORT AND DIRECTIVE
Case Number AR20060016802
Applicant Name:
______________________________________________________________________
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