Application Receipt Date: 070404
Prior Review Prior Review Date: None
I. Applicant Request
Request: Upgrade Reason Change RE Code Change
Issues: See applicant's attached DD Form 293 and supporting documents.
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: 960416
Discharge Received: Date: 960430
Chapter: 10 AR: 635-200
Reason: In Lieu of Trial by Court-Martial
RE: SPD: KFS
Unit/Location: Headquarters and Headquarters Company, 17th Area Support Group, APO AP 96343-5006
Time Lost: None
Article 15s (Charges/Dates/Punishment): None
Court-Martials (Charges/Dates/Punishment): 960307/General Court Martial/Indecent liberties with a child and attempted rap of a female under 16 years of age. He was sentence to be reprimanded and to be reduced to the grade of E5.
Counseling Records Available: Yes No
IV. Soldiers Overall Record
DOB:
Current ENL Date: 930402 Current ENL Term: 04 Years The applicant extended his period of enlistment 18 months on (950324) giving him a new ETS of (981001)
Current ENL Service: 03 Yrs, 00Mos, 29Days ?????
Total Service: 10 Yrs, 03Mos, 10Days ?????
Previous Discharges: RA-860121-890713/HD
RA-890714-930401/HD
Highest Grade: E6
Performance Ratings Available: Yes No
MOS: 88M10 (Motor Transportation Operator) GT: 110 EDU: HS Grad Overseas: Germany, Sinai, Japan Combat: None
Decorations/Awards: ARCOM (3d Award), AGCM (3d Award), JSAM, AAM (3d Award), NDSM, SWAM, NCOPDR, ASR, OSR (2d Award), Multinational Force and Observers Medal (2d Award)
V. Post-Discharge Activity
Home of Record:
Current Address:
Post Service Accomplishments: See attached documents.
VI. Facts, Circumstances, and Legal Basis for Separation
a. Facts and Circumstances:
The evidence of record shows that on 4 December 1995, the applicant was charged with committing an indecent act upon the body of a female under 16 years of age, not the wife of the Soldier on or about 8 November 1995, and attempting to rape a person who had not attained the age of 16 years on or about 8 November 1995. On 8 April 1996, 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 veterans benefits. The applicant did not submit a statement in his own behalf. The unit commander and intermediate commander recommended approval of an under other than honorable conditions discharge. On 19 April 1996, the separation authority approved the discharge with an under other than honorable conditions discharge. The applicant was to be reduced to the lowest enlisted rank.
The applicant has a CID Report of Investigation dated 8 January 1996, in his Official Military Personnel File.
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 individuals 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 applicants military records, documents, and the issue he submitted, the analyst found several mitigating factors that would merit a partial upgrade of the applicant's characterization of service to general, under honorable conditions. The analyst does not condone the applicants misconduct; however, the evidence in this case supports a conclusion that the characterization of service was too harsh, and as a result it is now inequitable. The analyst found that the length and quality of the applicant's service, and his post service accomplishments mitigated the discrediting entries in his service record. However, the analyst determined that the reason for discharge was both proper and equitable.
VII. Summary of Army Discharge Review Board Hearing
Type of Hearing: Date: 5 November 2007 Location: Washington, DC
Did the Applicant Testify? Yes No
Counsel: ?????
Witnesses/Observers: ?????
Exhibits Submitted: ?????
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
ARMY DISCHARGE REVIEW BOARD - CASE REPORT AND DIRECTIVE
ARMY | DRB | CY2007 | AR20070004887aC071121
On 19 April 1996, the separation authority approved the discharge with an under other than honorable conditions discharge. Yes No Counsel: Witnesses/Observers: Exhibits Submitted: VIII. 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 | DRB | CY2007 | AR20070002054
Applicant Request Request: Upgrade Reason Change RE Code Change Issues: See applicant's attached DD Form 293 and supporting documents. Facts, Circumstances, and Legal Basis for Separation a. Board Discussion, Determination, and Recommendation The Board found the discharge was proper and equitable and voted not to change it.
ARMY | DRB | CY2006 | AR20060012926
On 19 September 1996, 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. The unit commander's recommendation for approval of the requested separtation action was not found in the available record and the analyst presumed Government Regularity in the discharge process. Board Discussion, Determination, and Recommendation After carefully examining the applicants record...
ARMY | DRB | CY2007 | AR20070002054aC071031
The separation authority approved the discharge with an under other than honorable conditions discharge. Army policy states that although an honorable or general discharge is authorized, a discharge under other than honorable conditions is normally considered appropriate. Yes No Counsel: Witnesses/Observers: Exhibits Submitted: VIII.
ARMY | DRB | CY2006 | AR20060007406
On 19 October 1995, the applicant voluntarily tendered his resignation from the service under the provisions of Chapter 4, AR 635-120, resignation in lieu of further elimination proceedings. The record is void of the separation authority's approval letter directing that the applicant be discharge from the service, and the analyst presumed Government Regularity in the discharge process. Board Discussion, Determination, and Recommendation After carefully examining the applicants record of...
ARMY | DRB | CY2006 | AR20060011746
Original Character of Discharge Unit CDR Recommended Discharge: Date: 930406 Discharge Received: Date: 930506 Chapter: 10 AR: 635-200 Reason: For the Good of the Service, In Lieu of Court-Martial RE: SPD: KFS Unit/Location: 13th United States Army Field Artillery Detachment, APO NY 09354 Time Lost: Absent without leave for a total of 1,047 days (900420-930301). On 13 April 1993, the separation authority approved the discharge with an under other than honorable conditions discharge. ...
AF | DRB | CY2007 | AR20070000708
Facts and Circumstances: Evidence of record shows that on 30 June 2005, the Commander, United States Army Europe and Seventh Army, APO AE 09014, notified the applicant of initiation of elimination proceedings under the provisions of Chapter 4, AR 600-8-24, by reason of misconduct, moral or professional dereliction (acts of personal misconduct as substantiated by an Article 15 dated 13 October 2004 and a General Officer Memorandum of Reprimand). On 4 May 2006, the applicant voluntarily...
ARMY | DRB | CY2006 | AR20060009786
The applicant consulted with legal counsel, was advised of the impact of the discharge action, waived consideration of his case by an administrative separation board contingent upon him receiving a characterization of service no less favorable than a general, under honorable conditions discharge, and did not submit a statement in his own behalf. The intermediate commander reviewed the proposed discharge action and recommended approval of the separation action with a general, under honorable...
ARMY | DRB | CY2006 | Ar20060013140
Facts, Circumstances, and Legal Basis for Separation a. On 31 May 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. 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.
ARMY | DRB | CY2006 | AR20060007740
Current ENL Service: 01 Yrs, 02Mos, 15Days ????? Accordingly, the Board voted to grant partial relief in the form of an upgrade of the characterization of service to general, under honorable conditions. 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: E5 XI.