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. Soldiers 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 veterans 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 individuals 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 applicants military records, and the independent evidence he submitted, it is recommended to the Board that the applicants 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 applicants record of service during the period of enlistment under review, hearing his testimony, and considering the analysts 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
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