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, TX76544
Time Lost: AWOL for 95 days. The applicant was apprehended by civil authorities in Kileen TX and placed in the Kileen Jail, 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. Soldiers 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 veterans benefits. The applicant did not submit a statement in her 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 applicants 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: None
Witnesses/Observers: None
Exhibits Submitted: None
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 her testimony and considering the analysts 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: N/A
Other: N/A
RE Code:
Grade Restoration: No Yes Grade: N/A
XI. Certification Signature and Date
Approval Authority:
ROBERT L. HOUSE
Colonel, U.S. Army
President, Army Discharge Review Board
Official:
MARY E. SHAW DATE: 15 March 2007
Lieutenant Colonel, U.S. Army
Chief, Secretary Recorder
ARMY DISCHARGE REVIEW BOARD - CASE REPORT AND DIRECTIVE
Case Number AR20060005705
Applicant Name: Ms.
______________________________________________________________________
Page 1 of 5 pages
ARMY | DRB | CY2006 | AR20060005704
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. Yes No Counsel: N/A Witnesses/Observers: N/A Exhibits Submitted: N/A VIII.
ARMY | DRB | CY2008 | AR20080011965
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 | CY2006 | AR20060013420
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 | AR20060007024
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
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 | CY2006 | AR20060015442
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 individuals admission of guilt.
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
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 applicants record of service during the period of enlistment under review and considering the analysts 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
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 | CY2006 | AR20060000129C080324
Legal Basis for Separation: Army Regulation 635-200 sets forth the basic authority for the separation of enlisted personnel. 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. Yes No Counsel: N/A Witnesses/Observers: N/A Exhibits Submitted: N/A VIII.