Application Receipt Date: 060517
Prior Review Prior Review Date: None
I. Applicant Request
Request: Upgrade Reason Change RE Code Change
Issues: See applicant's attached DD Form 293 and supporting documents.
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: 041222
Discharge Received: Date: 050121
Chapter: 10 AR: 635-200
Reason: In Lieu of Trial by Court-Martial
RE: SPD: KFS
Unit/Location: Headquarters and Headquarters Company, 2d Battalion, 69th Armor, 3d Unit of Action, 3d Infantry Division, Fort Benning, GA
Time Lost: AWOL a total of 34 days (040729-040902). How the applicant was returned to military control is not in the available record.
Article 15s (Charges/Dates/Punishment): None, however, a Developmental Counseling Form found in the applicant's record makes reference to him having received a Summarized Article 15 on 040308 for failing to be at his appointed place of duty.
Court-Martials (Charges/Dates/Punishment): None
Counseling Records Available: Yes No
IV. Soldiers Overall Record
DOB: 801203
Current ENL Date: 020225 Current ENL Term: 03 Years ?????
Current ENL Service: 02 Yrs, 09Mos, 23Days (Applicant's DD Form 214 incorrectly show 2 yrs, 10, and 27 days of service, however, the period of AWOL was omitted from this document).
Total Service: 02 Yrs, 09Mos, 23Days ?????
Previous Discharges: None
Highest Grade: E4
Performance Ratings Available: Yes No
MOS: 11C10 (Indirect Fire Infantryman) GT: 109 EDU: GED Overseas: Southwest Asia Combat: Iraq (030321-030414)
Decorations/Awards: ARCOM, AAM, NDSM, GWOTSM
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 going AWOL from 29 July 2004 to 2 September 2004, failure to go at the time prescribed to his appointed place of duty on 16 April 2004, 8 July 2004, 19 July 2004, and 20 July 2004, and missing unit movement on 5 August 2004. On 21 December 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 a 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 and intermediate commander reviewed the proposed discharge action and recommended approval of the separation action with a under other than honorable conditions discharge. On 30 December 2004, the separation authority waived further rehabilitative efforts and directed that the applicant be discharged with a characterization of service of under other than honorable conditions and directed that he 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 a careful review of all the applicant's available military records, and the issue he submited, the analyst found several mitigating factors that would warrant an upgrade of the characterization of service to general, under honorable conditions. This recommendation was made after full consideration of his faithful and honorable service, as well as his record of misconduct. The evidence in this case supports a conclusion that the applicants characterization of service was too harsh, and as a result it is inequitable. The analyst determined that the overall length and quality of the applicant's service to include his combat service and the circumstances surrounding the discharge, mitigated the discrediting entry in his service record. However, the reason for discharge was both proper and equitable. This action will entail a grade restoration to specialist four/E4.
VII. Summary of Army Discharge Review Board Hearing
Type of Hearing: Date: 12 June 2007
Location: Atlanta
Did the Applicant Testify? Yes No
Counsel: NA
Witnesses/Observers: NA
Exhibits Submitted: NA
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 1 No change 4 - Character
Change 0 No change 5 - 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 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: Eric S. Moore, Examiner
X. Board Action Directed
No Change
Issue a new DD Form 214
Change Characterization to:
Change Reason to: NA
Other: NA
RE Code:
Grade Restoration: No Yes Grade: NA
XI. Certification Signature and Date
Approval Authority:
MARK E. COLLINS
Colonel, U.S. Army
President, Army Discharge Review Board
Official:
MARY E. SHAW DATE: 25 June 2007
Lieutenant Colonel, U.S. Army
Chief, Secretary Recorder
ARMY DISCHARGE REVIEW BOARD - CASE REPORT AND DIRECTIVE
Case Number AR20060007017
Applicant Name: Mr.
______________________________________________________________________
Page 5 of 5 pages
ARMY | DRB | CY2006 | AR20060005751
Application Receipt Date: 060421 Prior Review Prior Review Date: None I. Current ENL Service: 02 Yrs, 11Mos, 14Days ????? Certification Signature and Date Approval Authority: ROBERT L. HOUSE Colonel, U.S. Army President, Army Discharge Review Board Official: MARY E. SHAW DATE: 070216 Lieutenant Colonel, U.S. Army Chief, Secretary Recorder ARMY DISCHARGE REVIEW BOARD - CASE REPORT AND DIRECTIVE Case Number AR20060005751 Applicant Name:...
ARMY | DRB | CY2006 | AR20060006392
Current ENL Service: 02 Yrs, 09Mos, 07Days ????? Facts and Circumstances: Evidence of record shows that on 9 April 2003, the unit commander notified the applicant of initiation of separation action under the provisions of Chapter 14, AR 635-200, by reason of misconductpattern of misconduct (receiving a Article 15 for failing to go to his appointed place of duty on three occasions, and for receiving several negative counseling statements), with a general, under honorable conditions...
ARMY | DRB | CY2006 | AR20060006365
The applicant consulted with legal counsel, was advised of the impact of the discharge action, and did submit a statement in his own behalf. Board Action Directed No Change Issue a new DD Form 214 Change Characterization to: Change Reason to: NA Other: NA RE Code: Grade Restoration: No Yes Grade: NA XI. Certification Signature and Date Approval Authority: MARK E. COLLINS Colonel, U.S. Army President, Army Discharge Review Board Official: MARY E. SHAW DATE: 070308 Lieutenant Colonel, U.S....
ARMY | DRB | CY2006 | AR20060011567
Facts and Circumstances: Evidence of record shows that on 19 May 1998, the unit commander notified the applicant of initiation of separation action under the provisions of Chapter 14, AR 635-200, by reason of misconductcivil conviction (conviction by the Superior Court of Muscogee County, Georgia of Robbery by Intimidation on 6 March 1998 and sentenced to 20 years), with an under other than honorable conditions discharge. Board Action Directed No Change Issue a new DD Form 214 Change...
ARMY | DRB | CY2006 | AR20060000255C080324
The applicant consulted with legal counsel, was advised of the impact of the discharge action, and did not submit a statement in his own behalf. The intermediate commander reviewed the proposed discharge action and recommended approval of the separation action with a general, under honorable conditions discharge. Board Decision The discharge was: Proper Improper Equitable Inequitable The characterization of service was: Proper Improper Equitable Inequitable The narrative reasons were:...
ARMY | DRB | CY2008 | AR20080012894
Applicant Name: ????? On 22 November 2006, the separation authority approved the Chapter 10 request with an under other than honorable conditions discharge. Board Action Directed President, Army Discharge Review Board Issue a new DD Form 214 Change Characterization to: Change Reason to: No Change Other: NA RE Code: Grade Restoration: No Yes Grade: None ARMY DISCHARGE REVIEW BOARD - CASE REPORT AND DIRECTIVE Case Number...
ARMY | DRB | CY2008 | AR20080019860
Applicant Name: ????? 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 Action Directed President, Army Discharge Review Board Issue a new DD Form 214 Change Characterization to: Change Reason to: No Change Other: NA RE Code: Grade Restoration: No Yes Grade: None ARMY DISCHARGE REVIEW BOARD - CASE REPORT AND DIRECTIVE Case Number...
ARMY | DRB | CY2007 | AR20070016598
Applicant Request Request: Upgrade Reason Change RE Code Change Issues: See DD Form 293 and attached documents submitted by the applicant. 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 characterization of service was too harsh, and as result it is inequitable. Board Action Directed No...
ARMY | DRB | CY2006 | AR20060013003
Applicant Request Request: Upgrade Reason Change RE Code Change Issues: See applicant's attached DD Form 293. Board Action Directed No Change Issue a new DD Form 214 Change Characterization to: Change Reason to: NA Other: NA RE Code: Grade Restoration: No Yes Grade: E3 XI. Certification Signature and Date Approval Authority: MARK E. COLLINS Colonel, U.S. Army President, Army Discharge Review Board Official: MARY E. SHAW DATE: 8 May 2007 Lieutenant Colonel, U.S. Army Chief, Secretary...
ARMY | DRB | CY2006 | AR20060013029
The applicant consulted with legal counsel, was advised of the impact of the discharge action, and did not submit a statement in his own behalf. 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, and as a result it is inequitable. ...