Search Decisions

Decision Text

ARMY | DRB | CY1999 | 1999017101
Original file (1999017101.rtf) Auto-classification: Denied
PART II - APPLICATION DATA

(Note: Part I deleted under the Privacy Act on Reading Room copy)

1. Character of Discharge: UOHC

2. Date of discharge (or REFRAD): 970825

3. Authority for separation:

         a. Regulation: Chapter 10, AR 635-200

         b. Reason: In Lieu of Trial by Court-Martial

4. Prior review(s): NONE



PART III - SERVICE HISTORY

SECTION A - Period of Service Under Review


1.       Service data: 2. Awards and decorations:
                           ASR
a. Period entered for: 3 Years (6 mos ext)
b. Entry date: 960104 (960603)
c. Age: 19 Years DOB: 660720
d. Educational level: 15 Years
e. Aptitude area score:
         GT: NIF 3. Highest grade achieved:
f. Length of Service: E2
1 Year(s) 2 Month(s) 15 Day(s)

4. Performance evaluations:
NONE


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

5. Periods of unauthorized absence:

Status Inclusive dates
         AWOL 961230-970604

         Mil conf

         Civil conf

         Other


6. Nonjudicial punishment: NONE

         Date     Offense(s)
        


7. Court-Martial data: NONE

         a. SCM:
                 
Date Offense(s)

        
         b. SPCM:
                 
Date Offense(s)


         c. GCM: 
                 
Date Offense(s)


8.       Remarks: NONE


SECTION B - Prior Service Data
NONE

Other discharge(s):

         Service   From      To        Type Discharge






PART IV - PREHEARING REVIEW

SECTION A-ANALYST’S ASSESSMENT
l. Facts and Circumstances:

         a. Note: The evidence of record shows that on 30 December 1996 the applicant went AWOL from his unit. On 29 January 1997 he was dropped from the roles of the Army. On 6 June 1997, the applicant surrendered to military authorities and was charged with AWOL (961230-970604). Applicant signed DD Form 214, indicating following facts: Character of service of under other than honorable conditions; and discharged under the provisions of Chapter l0, AR 635-200, in lieu of trial by court-martial.

         b. On 25 August 1997, the applicant was discharged with an under other than honorable conditions discharge, under the provisions of Chapter l0, AR 635-200, in lieu of trial by court-martial. At the time of discharge, the applicant had
1 year, 2 months, and 15 days on his current enlistment and 186 days lost time.

2.
Legal/Regulatory Basis or Separation Action : Army Regulation 635-200 sets forth the basic authority for the separation of enlisted personnel. Chapter l0 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 requests 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 UOHC is normally considered appropriate.




SECTION B-APPLICANT’S SUBMISSIONS


1. Issue(s) of propriety and/or equity submitted by applicant or counsel.
As stated on applicant’s DD Form 293.

2. Exhibit(s) submitted:

         A-1: DD Form 293, dated 981228, with one (1) enclosure(s).
         A-2: Counsel Issues: NONE
         B-l: Other Documents: NONE



PART IV - PREHEARING REVIEW (CONTINUED)



SECTION C - Medical and/or Legal Advisory Opinion



Referred to ( ) Medical Advisor ( ) Legal Advisor



a. Medical prehearing comments (if applicable):


b. Legal prehearing comments (if applicable):











PART V - SUMMARY OF HEARING

SECTION A-Attendees and exhibits


1. Review/hearing information:


         a. Type requested:
         ( X ) Records review ( ) Hearing

         b. Type Held:
         ( X )Records review ( ) Hearing
         ( ) Tender Offer

         c. Review/hearing location and date:
Washington, D.C . on 31 March 1999 .

         d. Appearance by:
         Applicant ( ) Yes ( X ) No
         Counsel ( ) Yes ( X ) No

         e. Applicant testified: ( ) Yes ( X ) No
        
         f. Counsel presentation: ( ) Yes ( X ) No
        
         g. Witness(es) testified: ( ) Yes ( X ) No
        
2. Exhibit(s) submitted at hearing:


PART VI - ISSUES AND FINDINGS

1. a. Applicant's issue(s) of propriety and/or equity:

         ( X )   Same as those listed on DD Form 293 and Part IV, Section A of this case report and directive.
         ( )     Revised issue(s) furnished in writing by applicant as follows:
         ( )     Additional issue(s) identified during review/hearing as follows:

         b. Request: ( X ) Recharacterization ( ) Change of Reason



2. Finding(s), conclusion(s), and reason(s) for the Board's decision(s) on issues of propriety and/or equity:

         a. Propriety:    The parenthetical number(s) below correspond(s) to the issue number(s) on the DD Form 293, or in Part VI, Paragraph 1, above.

(3) and (4) The issues are rejected. See response to issues (1) and
(2) below.

         b. Equity:       The parenthetical number(s) below correspond(s) to the issue number(s) on the DD Form 293, or in Part VI, Paragraph 1, above.

(1) and (2) The issues are rejected. The applicant's record is void of the specific facts and circumstances concerning the events which led to his discharge. However, the Board noted that the applicant’s record contains a properly constituted DD Form 214 (Certificate of Release or Discharge from Active Duty) which was authenticated by the applicant. This document identifies the reason and characterization of the discharge and the Board presumed Government regularity in the discharge process. The evidence of record shows the applicant was discharged under the provisions of Chapter 10, AR 635-200, for the good of the service in lieu of trial by court-martial. In connection with such a discharge, the applicant was charged with the commission of an offense punishable under the Uniform Code of Military Justice (UCMJ) with a punitive discharge. Procedurally, the applicant was required to consult with defense counsel, and to voluntarily, and in writing, request separation from the Army in lieu of trial by court-martial. In doing so, the applicant admitted guilt to the stipulated offenses under the UCMJ. In the absence of information to the contrary, 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. 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. Finally, the Board considered the applicant’s entire record of service for the period under review. The Board, being convinced that the reason for discharge and the characterization of service were both proper and equitable, voted to deny relief.

3. Response(s) to item(s) not addressed as decisional issue(s): NONE


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



3. Minority views: NONE


PART VII - BOARD ACTION
SECTION B - Verification and Authentication

Case report reviewed and verified       

                                 
MR. RIVERA
Case Reviewing Official 

PART VIII - DIRECTIVE/CERTIFICATION
SECTION A - DIRECTIVE

NONE

SECTION B - CERTIFICATION

Approval Authority:


THOMAS J. ALLEN
Colonel, U.S. Army
President, Army Discharge
Review Board

Official:




SUZANNE WALKER
Lieutenant Colonel, U.S. Army
Chief, Secretary Recorder

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

INDEX RECORD:

AR Number: 1999017101 INDEX NUMBERS: A9235
Date of Review: 990331 A9217
Character of Service: UD A0101
Date of Discharge: 970825 A9411
Authority: AR 635-200 C10
Reason: A7100
Results of Board Action/
Vote/Affirmation: NC 5-0 A















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.
     Mbr      X          X    

Similar Decisions

  • ARMY | DRB | CY1999 | 1999030075

    Original file (1999030075.rtf) Auto-classification: Denied

    Chapter l0 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. 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,...

  • ARMY | DRB | CY1999 | 1999019275

    Original file (1999019275.rtf) Auto-classification: Denied

    Chapter l0 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 Board, being convinced that the reason for discharge and the characterization of service were both proper and equitable, voted to deny relief.3. PART VII - BOARD ACTIONSECTION B - Verification and...

  • ARMY | DRB | CY1999 | AR1999024321

    Original file (AR1999024321.rtf) Auto-classification: Denied

    The Board, being convinced that the reason for discharge and the characterization of service were both proper and equitable, voted to deny relief. EXHIBITS: A - Application for review of discharge C - Other B - Material submitted by applicant AR Number: 1999024321 INDEX NUMBERS: A9217 Date of Review: 990519 A9235 Character of Service: UD A9323 Date of Discharge: 970604 A9445 Authority: AR 635-200 C10 A0100 Reason: A7000 Results of Board Action/ Vote/Affirmation: NC 5-0 A Name Reason...

  • ARMY | DRB | CY1999 | AR1999023615

    Original file (AR1999023615.rtf) Auto-classification: Denied

    Remarks: During the review of this case it was discovered that the DD Form 214 (Certificate of Release or Discharge from Active Duty) contained the following incorrect entries: Item 12a (date entered active duty) 960603, the correct date is 940603; and item 12c (Net active service this period) 4 months and 22 days, the correct period is 2 years, 4 months, and 6 days. The Board, being convinced that the reason for discharge and the characterization of service were both proper and equitable,...

  • ARMY | DRB | CY2003 | AR2003094275

    Original file (AR2003094275.doc) Auto-classification: Approved

    The Board carefully examined the applicant’s record of service during the period of enlistment under review. The Board determined that the reason for discharge was both proper and equitable and voted not to change it. SECTION B - CERTIFICATION Approval Authority: ROBERT L. HOUSE Colonel, U.S. Army President, Army Discharge Review Board Official: MARY E. SHAW Lieutenant Colonel, U.S. Army Chief, Secretary Recorder EXHIBITS: A - Application for review of discharge C - Other B - Material...

  • ARMY | DRB | CY1999 | 1999023757

    Original file (1999023757.rtf) Auto-classification: Denied

    Chapter l0 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 Board, being convinced that the reason for discharge and the characterization of service were both proper and equitable, voted to deny relief. PART VII - BOARD ACTIONSECTION B - Verification and Authentication...

  • ARMY | DRB | CY2003 | 2003093004

    Original file (2003093004.rtf) Auto-classification: Denied

    Chapter l0 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. PART VII - BOARD ACTIONSECTION B - Verification and Authentication Case report reviewed and verified MR. RIVERA Case Reviewing Official PART VIII - DIRECTIVE/CERTIFICATIONSECTION A - DIRECTIVE NONE SECTION B -...

  • ARMY | DRB | CY2002 | 2002077756

    Original file (2002077756.TXT) Auto-classification: Denied

    Chapter l0 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. 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. Minority...

  • ARMY | DRB | CY2002 | 2002066282

    Original file (2002066282.TXT) Auto-classification: Denied

    SECTION B - Prior Service Data Other discharge(s): Service From To Type Discharge RA 950823 970825 Honorable PART IV - PREHEARING REVIEW SECTION A-ANALYST’S ASSESSMENT l. Facts and Circumstances: a. 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, being convinced that the reason for discharge and the characterization of service...

  • ARMY | DRB | CY2004 | AR2004106197

    Original file (AR2004106197.doc) Auto-classification: Denied

    SECTION B - Prior Service Data Other discharge(s): Service From To Type Discharge RA 970825 010208 Honorable PART IV - PREHEARING REVIEW SECTION A-ANALYST’S ASSESSMENT l. Facts and Circumstances: a. 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. Minority views: NONE PART VII - BOARD ACTION SECTION B - Verification and Authentication Case...