Application Receipt Date: 060421
Prior Review Prior Review Date: None
I. Applicant Request
Request: Upgrade Reason Change RE Code Change
Issues: See 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: NIF
Discharge Received: Date: 030110
Chapter: 10 AR: 635-200
Reason: In Lieu Of Trial By Court-Martial
RE: SPD: KFS
Unit/Location: W4F0 Air Assault School FC Fort Campbell, KY 42223-5000
Time Lost: None
Article 15s (Charges/Dates/Punishment): NIF
Court-Martials (Charges/Dates/Punishment): NIF
Counseling Records Available: Yes No
IV. Soldiers Overall Record
DOB: 771229
Current ENL Date: 991216 Current ENL Term: 4 Years ?????
Current ENL Service: 03 Yrs, 00 Mos, 25 Days ?????
Total Service: 06 Yrs, 10 Mos, 05 Days ?????
Previous Discharges: RA-960306-971026/HD
RA-971027-991215/HD
Highest Grade: E6
Performance Ratings Available: Yes No
MOS: 11B1P Infantryman/11H1P Hvy Anti Arm Wpn Infty GT: 113 EDU: HS Grad Overseas: None Combat: None
Decorations/Awards: ARCOM, AAM (3), AGCM (2), NDSM, HSM, NCOPDR, ASR, EIB, PFBGE, AABGE
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:
On 2 January 2003, the Staff Judge Advocate's memorandum indicates that the applicant was charged with two specifications of wrongful use of controlled substances (cocaine). On 2 January 2003, the Staff Judge Advocate's memorandum indicates that the chain of command recommended approval of the applicant's request for discharge in lieu of trial by court-martial with issuance of an under other than honorable conditions discharge. The applicant"s request for discharge under the provisions of Chapter 10, AR 635-200 in lieu of trial by court-martial is not contained in the available record and the analyst presumed Government regularity in the discharge process. On 2 January 2003, 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 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 careful review of all the applicant's available military records during the period of enlistment under review, and the issue he submitted, the analyst recommends 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 UCMJ. 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 this prior to requesting discharge. The analyst determined that 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: 061204
Location: Washington, DC
Did the Applicant Testify? Yes No
Counsel: Yes
Witnesses/Observers: No
Exhibits Submitted: The applicant submitted nineteen documents is support of his personal appearance hearing.
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 discharge was too harsh, and as a result it is inequitable. The Board found that the overall length and quality of the applicant's service and cirmstances surrounding the discharge mitigated the discrediting entries in his service record. Accordingly, the Board voted to grant relief in the form of an upgrade of the characterization of service to general, under honorable conditions. However, the Board determined that the narrative reason for discharge was both both proper and equitable and voted not to change it. This action entails a restoration of grade to SSG/E6.
Case report reviewed and verified by: Mr. Kenneth McFarley, Examiner
X. Board Action Directed
No Change
Issue a new DD Form 214
Change Characterization to:
Change Reason to: None
Other: NA
RE Code:
Grade Restoration: No Yes Grade: SSG/E6
XI. Certification Signature and Date
Approval Authority:
ROBERT L. HOUSE
Colonel, U.S. Army
President, Army Discharge Review Board
Official:
MARY E. SHAW DATE: 061208
Lieutenant Colonel, U.S. Army
Chief, Secretary Recorder
ARMY DISCHARGE REVIEW BOARD - CASE REPORT AND DIRECTIVE
Case Number AR20060005749
Applicant Name: Mr.
______________________________________________________________________
Page 5 of 5 pages
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