Application Receipt Date: 051228

Prior Review    Prior Review Date: None

I.  Applicant Request
Request:  Upgrade     Reason Change     RE Code Change

Issues: See DD Form 293

II.  Were Proper Discharge and Separation Authority procedures followed?
Yes    No        Tender Offer:        

See Attachments:  Legal     Medical     Minority Opinion     Exhibits

III.  Original Character of Discharge
Unit CDR Recommended Discharge:    Date: NIF
Discharge Received:     Date: 970730
Chapter: 10    AR: 635-200
Reason: In Lieu of Trial by Court-Martial
RE:     SPD: KFS
Unit/Location:

Time Lost: None

Article 15s (Charges/Dates/Punishment): None

Court-Martials (Charges/Dates/Punishment): None

Counseling Records Available: Yes    No

IV.  Soldier’s Overall Record
DOB:  760721
Current ENL Date: 951228    Current ENL Term: 4 Years       
Current ENL Service: 1 Yrs, 7 Mos, 3 Days      
Total Service:  1 Yrs, 7 Mos, 3 Days      
Previous Discharges: None
Highest Grade: E2
Performance Ratings Available: Yes    No
MOS: 63W10 Wheel Vehicle Repairer   GT: 101   EDU: HS Grad   Overseas: None
  Combat: None
Decorations/Awards: ASR
V.  Post-Discharge Activity
Home of Record:
Current Address:
Coral Springs FL 33170
Post Service Accomplishments: See DD Form 293

VI.  Facts, Circumstances, and Legal Basis for Separation

      a.  Facts and Circumstances:
      The evidence of record indicates that the applicant's charge sheet (DD
Form 458) is not part of the available records, however, it appears that he
was charged with violating Article 80, Article 81, with 13 specifications;
Article 121, with 4 specifications; Article 123, with 3 specifications;
Article 130, with 2 specifications; and Article 134.  On 23 June 1997, the
applicant consulted with legal counsel and voluntarily requested, in
writing, discharge under the provisions of Chapter 10, 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
submitted a statement in his own behalf.  The unit commander and
intermediate commanders recommended approval of an under other than
honorable conditions discharge.  On 11 July 1997, 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.  Legal 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 a 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.  Army policy states that although an honorable or general discharge
is authorized, a discharge under other than honorable conditions is
normally considered appropriate.









      c.  Response to Issues, Recommendation and Rationale:
      After a careful review of all the applicant’s military records, and
the issue he submitted, the analyst found no mitigating factors that would
merit an upgrade of the applicant's discharge.  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 applicant consulted with defense counsel, and
voluntarily 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 analyst noted
that all the requirements of law and regulation were met and the rights of
the applicant were fully protected throughout the separation process.  It
is 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.  Therefore, the
reason for discharge and the characterization of service remains both
proper and equitable.





















































VII.  Summary of Army Discharge Review Board Hearing

Type of Hearing:                  Date: 1 November 2006
Location: Washington, DC

Did the Applicant Testify?  Yes     No

Counsel: N/A

Witnesses/Observers: N/A

Exhibits Submitted: N/A



VIII.  Board Decision
The discharge was:                Proper           Improper
                                             Equitable        Inequitable

The characterization of service was:   Proper            Improper
                                             Equitable        Inequitable

The narrative reasons were:             Equitable        Inequitable

DRB voting record:                      Change     No change    (Character)
                                        Change     No change    (Reason)
                                   (Board member names available upon
request)

IX.  Board Discussion, Determination, and Recommendation
After carefully examining the applicant’s record of service during the
period of enlistment under review and considering the analyst’s
recommendation and rationale, the Board determined that the discharge was
both proper and equitable, voted to deny relief.
























Case report reviewed and verified by: Mr. Ron Williams, Examiner

X.  Board Action Directed
No Change
Issue a new DD Form 214
Change Characterization to:
Change Reason to: None
Other: None
RE Code:
Grade Restoration:   No   Yes  Grade: None

XI.  Certification Signature and Date
Approval Authority:

ROBERT L. HOUSE
Colonel, U.S. Army
President, Army Discharge Review Board

Official:


ESMERALDA G. PROCTOR         DATE: 3 November 2006
Colonel, U.S. Army
Chief, Secretary Recorder