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): 030716
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: 4 Years
b. Entry date: 020815
c. Age: 19 Years DOB: 830623
d. Educational level: HS Grad
e. Aptitude area score:
GT: 105 3. Highest grade
achieved:
f. Length of Service: E2
0 Year(s) 4 Month(s) 12 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 021208-030625;
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 record contains a properly constituted DD Form 214
(Certificate of Release or Discharge from Active Duty), which was
authenticated by the applicant’s signature. His DD Form 214 indicates that
he was discharged under the provisions of Chapter 10, AR 635-200, for the
good of the service-in lieu of court-martial with a characterization of
service of under other than honorable conditions. Furthermore, the DD Form
214 shows a Separation Code of KFS (i.e., for the good of the service-in
lieu of court-martial). The specific facts and circumstances leading to
the applicant’s discharge are not contained in the available records.
b. On 16 July 2003, the applicant was discharged. At the time of
discharge, the applicant had completed 4 months, and 12 days of active
military service and accrued 198 days of lost time.
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
under other than honorable conditions 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 040314.
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 3 November
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 ( ) 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
available records of service for the period of enlistment under review.
The applicant’s record is void of facts and circumstances concerning the
events that led to a discharge from the Army. 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 or lesser-included 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 would have
been 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 nonwaivable disqualifier and that 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
1901 South Bell Street, 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
NONE
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: 2004105853 INDEX NUMBERS: A9445
Date of Review: 041103 A9217
Character of Service: UD A9307
Date of Discharge: 030716 A0100
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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