Search Decisions

Decision Text

ARMY | DRB | CY2006 | AR20060000715
Original file (AR20060000715.txt) Auto-classification: Denied
Application Receipt Date: 060111	

Prior Review    Prior Review Date: 051102

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

Issues: The applicant requests that his under other than honorable conditions discharge be upgraded to general, under honorable conditions.  In addition, he requests a change in his reenlistment eligibility (RE) code from RE-4 to RE-3 "or which ever code appropriate for reentry."  He states that he desires to reenter the military so he can serve his country with honor and dignity.

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: 040512
Discharge Received:     Date: 040519   
Chapter: 10    AR: 635-200
Reason: In Lieu of Trial by Court Martial
RE:     SPD: KFS
Unit/Location: PCF, Special Processing Company, Fort Knox, KY 

Time Lost: 101 Days, AWOL from 040115 to 040425, Surrendered to military authorities.

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

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

Counseling Records Available: Yes    No 

IV.  Soldier’s Overall Record
DOB:  740326  
Current ENL Date: 030429    Current ENL Term: NIF Years       
Current ENL Service: 0 Yrs, 9Mos, 9Days      
Total Service:  0 Yrs, 9Mos, 9Days      
Previous Discharges: None
Highest Grade: E4
Performance Ratings Available: Yes    No 
MOS: 92F10 (Petroleum Supply Specialist)   GT: 95   EDU: NIF   Overseas: None   Combat: None
Decorations/Awards: NDSM, GWOTSM, ASR
V.  Post-Discharge Activity
Home of Record: 
Current Address: 
Post Service Accomplishments: None listed.

VI.  Facts, Circumstances, and Legal Basis for Separation

a.  Facts and Circumstances:
The evidence of record shows that the applicant was charged with AWOL, from 040115 to 040425.  On 29 April 2004, 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 did not submit a statement in his own behalf.  The unit commander recommended approval of an under other than honorable conditions discharge.  On 3 May 2004, 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 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.

c.  Response to Issues, Recommendation and Rationale:  
After a careful review of all the applicant’s military records, and the independent evidence he submitted, it is recommended to the Board that the applicant’s request for an upgrade of his characterization of service be denied.  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.  All the 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 reason for discharge and the characterization of service were both proper and equitable.   

VII.  Summary of Army Discharge Review Board Hearing 

Type of Hearing: 			Date: 060515              
Location: Tampa, FL

Did the Applicant Testify?  Yes     No  

Counsel: Veterans Affairs

Witnesses/Observers:       

Exhibits Submitted:      




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, hearing his testimony, and considering the analyst’s recommendation and rationale, the Board determined that the characterization of service was too harsh based on the applicant's post service accomplishments and the circumstances surrounding the AWOL.  This action does not entail a change in RE Code, which is does not fall under the purview of this Board. 




















Case report reviewed and verified by: Richard P. Nelson, Examiner									        
X.  Board Action Directed
No Change 
Change Characterization to:    
Change Reason to: N/A
Other: N/A
RE Code:  
Grade Restoration:   No   Yes  Grade: N/A

XI.  Certification Signature and Date
Approval Authority: 

xx
Colonel, U.S. Army
President, Army Discharge Review Board

Official: 



xx		DATE: 060605
Colonel, U.S. Army
Chief, Secretary Recorder

Similar Decisions

  • ARMY | DRB | CY2009 | AR20090013344

    Original file (AR20090013344.txt) Auto-classification: Denied

    Applicant Name: ????? It is also noted that the characterization of service for this type of discharge is normally under other than honorable conditions. Board Action Directed President, Army Discharge Review Board Issue a new DD Form 214 Change Characterization to: Change Reason to: NA Other: NA RE Code: Grade Restoration: No Yes Grade: Legend: AWOL Absent Without Leave GCM General Court Martial NA Not applicable SCM Summary Court Martial BCD Bad Conduct Discharge GD General Discharge NIF...

  • ARMY | DRB | CY2009 | AR20090006857

    Original file (AR20090006857.txt) Auto-classification: Denied

    Applicant Name: ????? On 3 January 2007, the separation authority approved the discharge with a characterization of service of under other than honorable conditions. Board Action Directed President, Army Discharge Review Board Issue a new DD Form 214 Change Characterization to: Change Reason to: NA Other: NA RE Code: Grade Restoration: No Yes Grade: NA ARMY DISCHARGE REVIEW BOARD - CASE REPORT AND DIRECTIVE Case Number...

  • AF | DRB | CY2006 | AR20060015439

    Original file (AR20060015439.txt) Auto-classification: Denied

    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. Certification Signature and Date Approval Authority: MARK E. COLLINS Colonel, U.S....

  • ARMY | DRB | CY2007 | AR20070014007

    Original file (AR20070014007.txt) Auto-classification: Denied

    Applicant Name: ????? Facts, Circumstances, and Legal Basis for Separation a. 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.

  • ARMY | DRB | CY2006 | AR20060014938

    Original file (AR20060014938.txt) Auto-classification: Denied

    On 10 January 2006, the separation authority approved the discharge with an under other than honorable conditions discharge. c. Response to Issues, Recommendation and Rationale: After a careful review of all the applicant's available military records during the period of enlistment under review, the issues and documents he submitted, the analyst recommends that the applicant's characterization of service be upgraded to general, under honorable conditions. While the applicant's misconduct...

  • ARMY | DRB | CY2008 | AR20080012440

    Original file (AR20080012440.txt) Auto-classification: Denied

    Applicant Name: ???? On 15 April 2003, the separation authority approved the discharge with a characterization of service of under other than honorable conditions. Board Action Directed President, Army Discharge Review Board Issue a new DD Form 214 Change Characterization to: Change Reason to: NA Other: NA RE Code: Grade Restoration: No Yes Grade: NA ARMY DISCHARGE REVIEW BOARD - CASE REPORT AND DIRECTIVE Case Number...

  • ARMY | DRB | CY2006 | AR20060012678

    Original file (AR20060012678.txt) Auto-classification: Denied

    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. 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. ...

  • ARMY | DRB | CY2008 | AR20080000167

    Original file (AR20080000167.txt) Auto-classification: Denied

    Applicant Name: ????? 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. Certification Signature Board Vote: Approval Authority: Character - Change 0 No change 5 Reason - Change 0 No change 5 (Board member names available upon request) EDGAR J. YANGER Colonel, U.S. Army President, Army Discharge Review Board Issue a new DD Form 214 Change...

  • ARMY | DRB | CY2008 | AR20080003708

    Original file (AR20080003708.txt) Auto-classification: Denied

    Applicant Name: ????? On 16 March 2007, the separation authority approved the discharge with a characterization of service of under other than honorable conditions. Board Action Directed President, Army Discharge Review Board Issue a new DD Form 214 Change Characterization to: Change Reason to: NA Other: NA RE Code: Grade Restoration: No Yes Grade: NA ARMY DISCHARGE REVIEW BOARD - CASE REPORT AND DIRECTIVE Case Number...

  • ARMY | DRB | CY2006 | AR20060006347

    Original file (AR20060006347.txt) Auto-classification: Denied

    Applicant Request Request: Upgrade Reason Change RE Code Change Issues: See applicant's attached DD Form 293. 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. Certification Signature and Date Approval Authority: MARK E. COLLINS Colonel, U.S. Army President, Army Discharge Review Board Official: MARY E. SHAW DATE: 4...