Search Decisions

Decision Text

ARMY | DRB | CY2006 | AR20060007090
Original file (AR20060007090.txt) Auto-classification: Denied
Application Receipt Date: 060518	

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: 011114
Discharge Received:     Date: 011219   
Chapter: 10    AR: 635-200
Reason: In Lieu of Trial by Court-Martial
RE:     SPD: KFS
Unit/Location: Headquarters and Headquarters Detachment and A Company, 215th Forward Support Battalion, Fort Hood, TX 

Time Lost: AWOL 122 days 001118-010319, applicant was apprehended by civil authority.

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

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

Counseling Records Available: Yes    No 

IV.  Soldier’s Overall Record
DOB:  731118  
Current ENL Date: 980721    Current ENL Term: 04 Years  ?????
Current ENL Service: 03 Yrs, 00Mos, 27Days (Includes 265 days of excess leave 010330-011219)
Total Service:  03 Yrs, 00Mos, 27Days ?????
Previous Discharges: None
Highest Grade: E4
Performance Ratings Available: Yes    No 
MOS: 92A10 (Automated Logistical Specialist)   GT: 91   EDU: HS Grad   Overseas: Korea   Combat: None
Decorations/Awards: AAM, ASR, OSR,
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 18 November 2000 to 20 March 2001.  On 30 March 2001, 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 veteran’s benefits.  The applicant did not submit a statement in his own behalf.  On 28 April 2004, the unit commander reviewed the proposed discharge action and recommended approval of the separation action with a under other than honorable conditions discharge.  On 10 June 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 discharge and directed that he be reduced to private E1.

      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 individual’s 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 military records, and the independent evidence he submitted, 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 applicant’s characterization of service was too harsh, and as a result it is inequitable.  The analyst determined that the overall length of the applicant's 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 entails a restoration of grade to specialist four/E4.  

VII.  Summary of Army Discharge Review Board Hearing 

Type of Hearing: 			Date: 21 March 2007              
Location: Washington, DC

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     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: 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: 30 March 2007
Lieutenant Colonel, U.S. Army
Chief, Secretary Recorder
ARMY DISCHARGE REVIEW BOARD - CASE REPORT AND DIRECTIVE

Case Number AR20060007090

Applicant Name:  Mr.        
______________________________________________________________________


Page 4 of 5 pages

Similar Decisions

  • ARMY | DRB | CY2006 | AR20060011575

    Original file (AR20060011575.txt) Auto-classification: Denied

    Applicant Request Request: Upgrade Reason Change RE Code Change Issues: See applicant's attached DD Form 293. The separation authorities documentation approving the separation action and directing that the applicant be discharged with a characterization of service of under other than honorable conditions is not part of the available records, and the analyst presumed Government Regularity in the discharge process. Chapter 10 of that regulation provides, in pertinent part, that a member who...

  • ARMY | DRB | CY2007 | AR20070011281

    Original file (AR20070011281.txt) Auto-classification: Denied

    Applicant Name: ????? On 12 March 2007, 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. While the applicant's misconduct is not condoned, the analyst noted that the overall length and quality of the applicant's service, to include his combat service, and the supporting documents from the Lucas County Court of Common Pleas and circumstances surrounding the discharge,...

  • ARMY | DRB | CY2006 | AR20060014128

    Original file (AR20060014128.txt) Auto-classification: Denied

    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. It is also noted that the characterization of service for this type of discharge is...

  • ARMY | DRB | CY2006 | AR20060006709

    Original file (AR20060006709.txt) Auto-classification: Denied

    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. Accordingly, the Board voted to grant relief in the form of an upgrade of the characterization of service to fully honorable and change the narrative reason for...

  • ARMY | DRB | CY2006 | AR20060012220

    Original file (AR20060012220.txt) Auto-classification: Denied

    Applicant Request Request: Upgrade Reason Change RE Code Change Issues: See DD Form 293. Facts, Circumstances, and Legal Basis for Separation a. His DD Form 214 indicates that he was discharged under the provisions of Chapter 10, AR 635-200, for the good of the service-in lieu of court-martial, with a characterization of service of under other than honorable conditions.

  • ARMY | DRB | CY2006 | AR20060008498

    Original file (AR20060008498.txt) Auto-classification: Denied

    Application Receipt Date: 060613 Prior Review Prior Review Date: None I. 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.

  • AF | DRB | CY2006 | AR20060015159

    Original file (AR20060015159.txt) Auto-classification: Denied

    Facts and Circumstances: Evidence of record shows that on 01 May 1995, the unit commander notified the applicant of initiation of separation action under the provisions of Chapter l4, AR 635-200, by reason of misconduct for failure to report, disobeying a lawful regulation, writing bad checks, failure to obey lawful orders and indebtedness, with a general under honorable conditions discharge. On 5 May 1995, the separation authority waived further rehabilitative efforts and directed that the...

  • ARMY | DRB | CY2007 | AR20070012970

    Original file (AR20070012970.txt) Auto-classification: Denied

    Applicant Name: ????? On 19 December 2001, the separation authority approved the discharge 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 was aware of that prior to requesting discharge.

  • ARMY | DRB | CY2009 | AR20090008218

    Original file (AR20090008218.txt) Auto-classification: Denied

    Applicant Name: ????? On 27 November 2006, 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: No Change Other: NA RE Code: Grade Restoration: No Yes Grade: E4 ARMY DISCHARGE REVIEW BOARD - CASE REPORT AND DIRECTIVE Case Number...

  • ARMY | DRB | CY2009 | AR20090009859

    Original file (AR20090009859.txt) Auto-classification: Denied

    Applicant Name: ????? 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. 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:...