PART II - APPLICATION DATA
(Note: Part I deleted under the Privacy Act on Reading Room copy)
1. Character of Discharge: Under Other Than Honorable Conditions
2. Date of discharge (or REFRAD): 000207
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: 6 Years
b. Entry date: 980701
c. Age: 18 Years DOB: 800406
d. Educational level: HS Grad
e. Aptitude area score:
GT: 103 3. Highest grade
achieved:
f. Length of Service: E2
0 Year(s) 10 Month(s) 5 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 990111-991009;
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. The evidence of record shows that on 13 October 1999, the
applicant was charged with AWOL (990111-991009). On 14 October 1999, the
applicant consulted with legal counsel and voluntarily requested, in
writing, discharge under the provisions of Chapter l0, 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
recommended approval of an under other than honorable conditions discharge.
On
7 February 2002, 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.
b. On 7 February 2000, the applicant was discharged. At the time of
discharge, the applicant had completed 10 months and 5 days of active
military service and accrued 268 days of lost time in the period under
review.
2. Legal/Regulatory Basis for 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 030512, with four (4) 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, DC on 14 January
2004.
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 ( X ) 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 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 number(s) below correspond(s) to
the issue number(s) on the DD Form 293, or in Part VI,
Paragraph 1, above.
(1) The issue is rejected. The Board carefully examined the
applicant’s record of service during the period of enlistment under review.
There was a full consideration of all faithful and honorable service as
well as infraction of discipline, the extent thereof, and the seriousness
of the offense.
The Board noted the applicant’s contentions; however, the official record
does not support the applicant’s contentions and the Board determined that
he did not have service of sufficient length and quality to warrant an
upgrade of the discharge under review. 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
Board noted that, after consulting with defense 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 or lesser-included offenses under the UCMJ. 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. The Board
determined that the applicant was appropriately assigned an RE code of 4,
which indicates that the applicant was separated from his last period of
service with a disqualification which cannot be waived and he is ineligible
for reenlistment. 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 2 3
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
Ms. McKim-Spilker
Case Reviewing Official
PART VIII - DIRECTIVE/CERTIFICATION
SECTION A - DIRECTIVE
NONE
SECTION B - CERTIFICATION
Approval Authority:
SPURGEON A. MOORE
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 submitted by applicant
INDEX RECORD:
AR Number: 2003090613 INDEX NUMBERS: A9217
Date of Review: 040114 A9307
Character of Service: UD A0100
Date of Discharge: 000207
Authority: AR 635-200 C10
Reason: A7100
Results of Board Action/
Vote/Affirmation: NC 3-2 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. PO X X
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