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ARMY | DRB | CY1997 | 199701553
Original file (199701553.rtf) Auto-classification: Denied
                                    CASE NO: AD97-01553
PART II - APPLICATION DATA
(Note: Part I deleted under the Privacy Act on Reading Room copy)

1. Type of discharge (or characterization of service): UHOC

2. Date of discharge (or REFRAD): 950913

3. Authority for separation:

         a. Regulation: Chapter 10, AR 635-200

          b. Reason: In lieu of trial by court-martial
4. Prior review(s): ( X ) NONE
5. Action requested: ( X ) Recharacterization ( ) Change of Reason


PART III - SERVICE HISTORY
SECTION A - Period of Service Under Review

 1.       Service data: 2. Awards and decorations:
a. Period entered for: 3 Years Type
b. Entry date: 930420                               ASR
c. Age: 18 Years DOB: 740826 NDSM
d. Educational level: HS GED
e. Aptitude area scores:
         GT: 99 3. Highest grade achieved:
f. Actual creditable service: 2 Years Grade
0 months 29 days E-3

4. Performance evaluations:
( X ) NONE

                                             CASE NO: AD97-01553
PART III - SERVICE HISTORY
SECTION A - Period of Service Under Review - Continued

5. Periods of unauthorized absence:

 Status Inclusive dates
         AWOL 950304-950626

6. Nonjudicial punishment: ( X ) NONE

7. Court-Martial data: ( X ) NONE

8.       Remarks: (X). NONE
SECTION B - Other Service Data


1. Other discharge(s): NONE

         CASE NO: AD97-01553
PART IV - PREHEARING REVIEW
SECTION A - Facts and Issues

1. Summary of facts and circumstances concerning discharge:
         950628:  Applicant was charged with AWOL, (950304-950626).
         950629:  Applicant consulted with legal counsel, requested discharge under
                  the provisions of Chapter 10, AR 635-200, in lieu of trial by
                  court-martial, and did not submit a statement in his own behalf.
         950822:  Unit commander recommended approval with an under other than                       honorable conditions discharge.
         950824:  Separation authority approved separation with an under other than
                  honorable conditions discharge.
         950913:  Applicant was discharged.

2. Issue(s) of propriety and/or equity on DD Form 293 or incorporated by reference:
         See Attached DD Form 293
 3. Exhibit(s) submitted:

         A-1: DD Form 293, dated 970409.
         A-2: DD Form 293, dated 960213.



PART IV - PREHEARING REVIEW
SECTION B - Medical and/or Legal Advisory Opinion
( X ) NONE
PART V - SUMMARY OF HEARING
SECTION A-Attendees and exhibits

l. Hearing/review information:
         a. Applicant testified: ( ) Yes ( X ) No

        
         b. Witness(es) testified: ( ) Yes ( X ) No
        

2. Exhibit(s) submitted at hearing: ( X ) NONE

                                    CASE NO: AD97-01553
PART V HEARING SUMMARY
SECTION B-Case Analyst’s Summary

1. APPLICANT REQUESTS : Upgrade of his under other than honorable conditions (UOHC) discharge to a fully honorable discharge.

 2. APPLICANT CONTENDS : That he realizes he made a mistake. He is concerned with his children growing up seeing their father with a discharge other than honorable. He wants his discharge upgraded in order to be a first rate citizen. He asks that the Board review his record and take into consideration the accomplishments that he has made other than the AWOL charge.
3. COUNSEL CONTENDS : The applicant is not currently represented by counsel.

4. SUMMARY OF SERVICE : The applicant’s military record shows that he was born on 26 August 1974. He completed the requirements for and was awarded a General Education Development Diploma. He enlisted in the Regular Army at age 18 in
April 1993. The highest grade the applicant achieved was pay grade E-3.

On 4 March 1995, the applicant went absent without leave (AWOL) for 114 days. On 26 June 1995, charges were preferred. He consulted with legal counsel and requested a discharge in lieu of trial by court martial under the provisions of chapter 10, Army Regulation 635-200. His chain of command recommended approval with an under other than honorable conditions (UOHC) discharge. The request was approved. The applicant was separated on 13 September 1995, after he had accrued 2 years and 29 days creditable service and 114 days lost time.

 5. LEGAL/REGULATORY 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 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. Although an honorable or general discharge is authorized, a discharge under other than honorable conditions is normally considered appropriate.
6. ISSUES OF PROPRIETY : The applicant has presented no issues of propriety.

7. ISSUES OF EQUITY : The applicant has presented no evidence to show that the discharge action was improper or inequitable. He elected an administrative discharge in lieu of trial by court-martial.

                                     CASE NO: AD97-01553
PART VI - ISSUES AND FINDINGS

1. Applicant's issue(s) of propriety and/or equity:
          ( X )   Same as those listed on DD Form 293 and Part IV, Section A, Paragraph 2.
         ( )     Revised issue(s) furnished in writing by applicant as follows:
         ( )     Additional issue(s) identified during review/hearing as follows:
2. Finding(s), conclusion(s), and reason(s) for the Board's decision(s) on issues of propriety and/or equity:

          a. Propriety:    The applicant has not submitted an issue of propriety and the ADRB has not otherwise relied upon an issue of propriety to change the discharge.

          b. Equity:       The parenthetical numbers below corresponds to the issue numbers on the DD Form 293, or in Part VI, Paragraph 1, above.
(1) The issue is rejected. The evidence of record shows the applicant was charged with the commission of an offense punishable under the Uniform Code of Military Justice with a punitive discharge. The Board noted that after consulting with legal counsel, the applicant voluntarily, and in writing, requested separation from the Army in lieu of trial by court-martial. In doing so, the applicant admitted guilt to the stipulated offenses under the Uniform Code of Military Justice. The Board was satisfied that all requirements of law and regulation were met and the rights of the applicant were fully protected throughout the separation process. Finally, the Board considered the applicant’s entire record of service for the period under review. It 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. The Board, was convinced that the reason for discharge and the characterization of service were both proper and equitable, voted to deny relief.
3. Response to item(s) not addressed as decisional issue(s): ( X ) NA

                            CASE NO: AD97-01553
PART VII - BOARD ACTION
SECTION A - Conclusions/Decisions/Vote

1.       Board conclusion(s):

         The discharge was:

          ( X )    Proper.
         ( )      Improper as to characterization. Change characterization to                                      .
         ( )      Improper as to reason. Change reason to                         under                       .
         ( X )    Equitable.
         ( )      Inequitable as to characterization. Change characterization to                                .
         ( )      Inequitable as to reason. Change reason to                        
                  under                                  .
         ( )      Both proper and equitable, but characterization/reason for separation cited was an administrative/clerical error and should be changed to                      under                          .

2. Voting record: Change No Change
         Reason 0 5
Characterization 0 5

         The names and votes of the members of the Board are recorded in Part IX of this document and can be obtained by writing to the address below. The request must contain the CASE NO. located in the upper right corner of this document.

Department of the Army Military Review Boards Agency
ATTN: Promulgation Team
1941 Jefferson Davis Highway, 2nd Floor
Arlington, VA 22202-4508

3. Minority views: ( X ) NA

                                     CASE NO: AD97-01553
PART VII - BOARD ACTION
SECTION B - Verification and Authentication

Case report reviewed and verified       

                                 
MS. CHANDLER
Case Analyst and Reviewing Official     

PART VIII - DIRECTIVE/CERTIFICATION
SECTION A - DIRECTIVE
(X) NONE
SECTION B - CERTIFICATION


Approval Authority:

WILLIAM E. MATHEWS
Colonel, U.S. Army
President, Army Discharge
Review Board

Official:




JIMMY R. WYRICK
Lieutenant Colonel, U.S. Army
Chief, Secretary Recorder

EXHIBITS:
A - Application for review of discharge          C - Other
B - Material submitted by applicant

INDEX RECORD:

AD9701553 971119 UD 950913 AR 635-200 C10 A7100 NC 5-0A
1 10 11 12 18 20 26 41 46 49 52

A0113 A0100 A9231 A9217
53 58 63 68

REMARKS
Case Management Data

( ) Notify inquiries clerk. Response to other correspondence required upon completion of case.

( ) Escalated mode of hearing. Applicant is entitled to another review only if he/she/authorized representative appears before a hearing panel. If there is no response to notification letter or applicant/representative fails to appear for the hearing, the case will be returned to the Army Review Board Agency Support Division, St. Louis, without action.

( ) DD Form 149 in file. Send case to ABCMR.

                           CASE NO: AD97-01553
PART IX - VOTING RECORD

 Name Reason Characterization
 CHANGE NC HON UHC NC UNCHAR

1.      Mbr      X          X    

2.      Mbr      X          X    

3.      Mbr      X          X    

4.      Mbr      X          X    

5.      PO      X          X    




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