Application Receipt Date: 060127
Prior Review Prior Review Date: None
I. Applicant Request
Request: Upgrade Reason Change RE Code Change
Issues: See applicant's attached 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: 920415
Discharge Received: Date: 920917
Chapter: 10 AR: 635-200
Reason: In Lieu of Court-Martial
RE: SPD: KFS
Unit/Location: Fort Bragg, NC
Time Lost: 214 Days AWOL from 910726-920224 (Surrendered)
Article 15s (Charges/Dates/Punishment): None
Court-Martials (Charges/Dates/Punishment): None
Counseling Records Available: Yes No
IV. Soldiers Overall Record
DOB: 661004
Current ENL Date: 910402 Current ENL Term: 03 Years
Current ENL Service: 00 Yrs, 10Mos, 17Days (Includes 191 days of excess leave).
Total Service: 07 Yrs, 03Mos, 19Days
Previous Discharges: USAR-831213-840221/NA
RA-840222-870206/HD
USAR-870207-910401/NA
Highest Grade: E4
Performance Ratings Available: Yes No
MOS: 11B10 (Infantryman) GT: 121 EDU: GED Overseas: Alaska Combat: None
Decorations/Awards: ASR, OSR, NCOPDR
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 (910726-920224). On 920305, 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 submit a statement in his own behalf. The unit commander recommended approval of an under other than honorable conditions discharge. On 920721 the separation authority approved the discharge with an under other than honorable conditions discharge.
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 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 that the applicants request for an upgrade of his characterization of service be upgrade to general, under honorable conditions. . The evidence in this case supports a conclusion that the applicants characterization of service was too harsh, and as a result it is inequitable. While the applicant's misconduct is not condone, the overall length and of the applicant's service, and the time that has elasped since his discharge mitigated the discrediting entries in his service record. However, the reason for discharge was both proper and equitable.
VII. Summary of Army Discharge Review Board Hearing
Type of Hearing: Date: 060710
Location: Washington, DC
Did the Applicant Testify? Yes No
Counsel:
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
Case report reviewed and verified by: Eric S. Moore, Examiner
X. Board Action Directed
No Change
Issue a new DD Form 214
Change Characterization to:
Change Reason to:
Other:
RE Code:
Grade Restoration: No Yes Grade:
XI. Certification Signature and Date
Approval Authority:
ROBERT L. HOUSE
Colonel, U.S. Army
President, Army Discharge Review Board
Official:
ESMERALDA G. PROCTOR DATE:
Colonel, U.S. Army
Chief, Secretary Recorder
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