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): 011003
3. Authority for separation:
a. Regulation: Chapter 10, AR 635-200
b. Reason: In Lieu of Trial by Court-Martial
4. Prior review(s): Records Review/030702
PART III - SERVICE HISTORY
SECTION A - Period of Service Under Review
1. Service data: 2. Awards and
decorations:
ASR
a. Period entered for: 4 Years
b. Entry date: 990521
c. Age: 29 Years DOB: 700307
d. Educational level: HS Grad
e. Aptitude area score:
GT: 93 3. Highest grade
achieved:
f. Length of Service: E2
2 Years 3 Months 10 Days
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 000418-000521;
Mil conf 0
Civil conf 0
Other 0
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 30 May 2000, the applicant
was charged with AWOL (000418-000521). On 30 May 2000, 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 applicant also requested to be placed on
indefinite excess leave pending completion of his administrative discharge
proceeding under Chapter 10, AR 635-200. His request was approved and he
was placed on excess leave status, effective 31 May 2000. On 25 July 2001,
the unit commander recommended approval of an under other than honorable
conditions discharge. On 15 August 2001, 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 3 October 2001, the applicant was discharged. At the time of
discharge, the applicant had completed 2 years, 3 months, and 10 days of
active military service (which included 491 days of excess leave) and
accrued 33 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 030902, with no enclosures.
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:
( ) Records review ( X ) Hearing
b. Type Held:
( )Records review ( X ) Hearing
( ) Tender Offer
c. Review/hearing location and date: New York, NY on 16 June 2004.
d. Appearance by:
Applicant ( X ) Yes ( ) No
Counsel ( ) Yes ( X ) No
e. Applicant testified: ( X ) Yes ( ) No
f. Counsel presentation: ( ) Yes ( X ) No
g. Witness(es) testified: ( ) Yes ( X ) No
2. Exhibit(s) submitted at hearing: two (2) documents.
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:
( X ) Additional issue(s) identified during review/hearing as
follows:
Board Issue: (2) The characterization of service is too harsh.
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 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.
(2) The issue is accepted. The Board carefully examined the
applicant’s record of service during the period of enlistment under review
and heard his testimony. There was a full consideration of all faithful
and honorable service as well as the infraction of discipline, the extent
thereof, and the seriousness of the offense. While the Board does not
condone the applicant’s misconduct, it determined that the characterization
of service was inequitable. The Board found that the applicant’s
misconduct was mitigated by family problems that impaired his ability to
serve and his post service accomplishments. Accordingly, the Board voted
to grant partial relief in the form of an upgrade of characterization of
service to general, under honorable conditions. The Board determined that
the reason for discharge was both proper and equitable and voted not to
change it.
(1) The issue is rejected. The Board noted the applicant’s
contention, however; a change to the reentry eligibility (RE) code does not
fall within the purview of this Board. Based on the applicant’s narrative
reason for separation the Board determined that he was properly assigned an
RE Code of “4.” See response to issue 2 above.
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 .
( ) Equitable.
( X ) Inequitable as to characterization. Change characterization to
General, Under Honorable Conditions.
( ) 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 5 0
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. RON WILLIAMS
Case Reviewing Official
PART VIII - DIRECTIVE/CERTIFICATION
SECTION A - DIRECTIVE
TO: ARBA Support Division-St Louis Date: 25 June 2004
The Army Discharge Review Board, established under the provisions of
Section 30, Public Law 346, 78th Congress, 22 June 1944 and codified as
Title 10, United States Code, Section 1553, in the case of the applicant
named in Part I directs that the ARBA Support Division-St Louis issue a new
DD Form 2l4 to the applicant which reflects the following directed
change(s):
( X ) Change the characterization of discharge to General, Under
Honorable Conditions.
( X ) Other (see remarks below).
Remarks: This action entails a restoration of the applicant’s grade to
“PV2/E-2.”
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 submitted by applicant
INDEX RECORD:
AR Number: 2003097152 INDEX NUMBERS: A9406
Date of Review: 040616 A9222
Character of Service: UD A9310
Date of Discharge: 011003 A0100
Authority: AR 635-200 C10
Reason: A7100
Results of Board Action/
Vote/Affirmation: GD 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. PO X X
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