Search Decisions

Decision Text

ARMY | DRB | CY2006 | AR20060005704
Original file (AR20060005704.txt) Auto-classification: Denied
Application Receipt Date: 060420	

Prior Review    Prior Review Date: None

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

Issues: The applicant stated, " I am requesting a change or upgrade of my discharge so that I may reenter or reenlist in the Army.  I have been pursuing this since I've been discharged from the military."

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: 010709
Discharge Received:     Date: 010907   
Chapter: 10    AR: 635-200
Reason: In Lieu of Trial by Court-Martial
RE:     SPD: KFS
Unit/Location: 68th Chemical Company, 1st Cavalry Division, Fort Hood, TX 76544 

Time Lost: AWOL for 95 days from (000811-001113).  The applicant was apprehended by civil authorities in Kileen Texas, placed in the Kileen Jail, and transferred to military authorities at Fort Sill, OK.

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

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

Counseling Records Available: Yes    No 

IV.  Soldier’s Overall Record
DOB:  800827  
Current ENL Date: 990624    Current ENL Term: 3 Years  ?????
Current ENL Service: 1 Yrs, 11 Mos, 9 Days The applicant was placed on excess leave for 295 days from (001117-010907).
Total Service:  1 Yrs, 11 Mos, 9 Days ?????
Previous Discharges: None
Highest Grade: E-1
Performance Ratings Available: Yes    No 
MOS: 54B10, Chemical Ops Sp   GT: 100   EDU: HS Grad   Overseas: None   Combat: None
Decorations/Awards: ASR
V.  Post-Discharge Activity
Home of Record: 
Current Address: 
Post Service Accomplishments: None were submitted.

VI.  Facts, Circumstances, and Legal Basis for Separation

      a.  Facts and Circumstances:
      The evidence of record shows that on 16 November 2000, the applicant was charged with AWOL (000811-001113).  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             7 August 2001, 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 at any time after the charges are preferred, submit a request for discharge for the good of the service in lieu of trial by court martial.  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: 13 March 2007              
Location: Dallas, TX

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, and voted not to change it.
      
      
      
      
      
      
      
      
      
      
      
      
      
      
      
      
      
      
      
      
      
      
      
      
      

Case report reviewed and verified by: Mr. John Zangas, 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: 

MARK E. COLLINS
Colonel, U.S. Army
President, Army Discharge Review Board

Official: 


MARY E. SHAW				DATE: 23 March 2007
Lieutenant Colonel, U.S. Army
Chief, Secretary Recorder
ARMY DISCHARGE REVIEW BOARD - CASE REPORT AND DIRECTIVE

Case Number AR20060005705

Applicant Name:  Mr.        
______________________________________________________________________


Page 4 of 5 pages

Similar Decisions

  • ARMY | DRB | CY2006 | AR20060005705

    Original file (AR20060005705.txt) Auto-classification: Denied

    On 7 August 2001, the separation authority approved the discharge with an under other than honorable conditions discharge. 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. Board Discussion, Determination, and Recommendation After carefully examining the applicant’s record of service during the period of enlistment under review, hearing...

  • ARMY | DRB | CY2008 | AR20080011965

    Original file (AR20080011965.txt) Auto-classification: Denied

    Applicant Name: ????? On 24 January 2002, 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 | CY2007 | AR20070013355

    Original file (AR20070013355.txt) Auto-classification: Denied

    Applicant Name: ????? 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.

  • ARMY | DRB | CY2006 | AR20060013420

    Original file (AR20060013420.txt) Auto-classification: Denied

    On 7 August 2001, the separation authority approved the Chapter 10 request with an under other than honorable conditions discharge. 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...

  • ARMY | DRB | CY2006 | AR20060015442

    Original file (AR20060015442.txt) Auto-classification: Denied

    Current ENL Service: 00 Yrs, 06 Mos, 20 Days ????? 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 | DRB | CY2006 | AR20060007024

    Original file (AR20060007024.txt) Auto-classification: Denied

    Applicant Request Request: Upgrade Reason Change RE Code Change Issues: See DD Form 293, with attachments. Current ENL Service: 0 Yrs, 11 Mos, 12 Days ????? On 8 May 2003, the separation authority approved the discharge with an under other than honorable conditions discharge.

  • ARMY | DRB | CY2006 | AR20060007400

    Original file (AR20060007400.txt) Auto-classification: Denied

    Her DD Form 214 indicates that she was discharged under the provisions of Chapter 10, AR 635-200, for the good of the service-in lieu of trial by court-martial with a characterization of service of under other than honorable conditions. 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 would have been aware of that prior to requesting discharge. Certification Signature and Date Approval...

  • ARMY | DRB | CY2007 | AR20070012712aC071121

    Original Character of Discharge Unit CDR Recommended Discharge: Date: 040224 Discharge Received: Date: 040303 Chapter: 10 AR: 635-200 Reason: In Lieu of Trial by Court-Martial RE: SPD: NIF Unit/Location: US Army, 2145th Garrison Support Unit, Fort Benning, GA, mobilized under the 318th Chemical Company, Fort Bragg, NC 28310 Time Lost: Absent without leave for a total of 240 days (030623-040217). Legal Basis for Separation: Army Regulation 635-200 sets forth the basic authority for...

  • AF | DRB | CY2007 | AR20070012712

    Original file (AR20070012712.txt) Auto-classification: Denied

    Legal Basis for Separation: Army Regulation 635-200 sets forth the basic authority for the separation of enlisted personnel. 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, and voted to deny relief. Certification Signature and Date Approval...

  • 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...