Application Receipt Date: 060803
Prior Review Prior Review Date: None
I. Applicant Request
Request: Upgrade Reason Change RE Code Change
Issues: See former service member's (FSM) 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: 930406
Discharge Received: Date: 930506
Chapter: 10 AR: 635-200
Reason: For the Good of the Service, In Lieu of Court-Martial
RE: SPD: KFS
Unit/Location: 13th United States Army Field Artillery Detachment, APO NY 09354
Time Lost: Absent without leave for a total of 1,047 days (900420-930301). FSM surrendered to military authority in Chicago, IL., and then transferred to Fort Knox, KY 40121-5000.
Article 15s (Charges/Dates/Punishment): None
Court-Martials (Charges/Dates/Punishment): None
Counseling Records Available: Yes No
IV. Soldiers Overall Record
DOB: 590126
Current ENL Date: 840222 Current ENL Term: 06 Years ?????
Current ENL Service: 06 Yrs, 04Mos, 03Days (Includes 37 days of excess leave 930331-930506)
Total Service: 12 Yrs, 04Mos, 00Days ?????
Previous Discharges: USAR-780225-780904/NA
RA-780905-810308/HD
RA-810309-840221/HD
Highest Grade: E5
Performance Ratings Available: Yes No
MOS: 94B10 (Food Service Specilaist) GT: 96 EDU: HS Grad Overseas: Germany Combat: None
Decorations/Awards: ARCOM (3d Award), AAM (2d Award), AGCM (3d Award), NCOPDR, ASR, OSR (2d Award)
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 on 30 March 1993, the former service member was charged with going AWOL from 20 April 1990 to 2 March 1993. On 30 March 1993, the FSM 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 FSM admitted guilt to the offense, or a lesser included offense. Further, the FSM 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 former service member did not submit a statement in his own behalf. The unit commander and intermediate commanders recommended approval of an under other than honorable conditions discharge. On 13 April 1993, the separation authority approved the discharge with an under other than honorable conditions discharge. The former service member was to 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 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 former service member's military records, and the issue that was submitted on his behalf, the analyst found two mitigating factor's that would merit 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. While the former service member's misconduct is not condoned, the evidence in this case supports a conclusion that the characterization of service was too harsh, and as a result it is now inequitable. The analyst found that the overall length and quality of the former service member's service and the time that has elapsed since his discharge, mitigated the discrediting entry in his service record. However, the analyst determined that the reason for discharge was both proper and equitable.
VII. Summary of Army Discharge Review Board Hearing
Type of Hearing: Date: 18 July 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 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 to deny relief.
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: 31 July 2007
Lieutenant Colonel, U.S. Army
Chief, Secretary Recorder
ARMY DISCHARGE REVIEW BOARD - CASE REPORT AND DIRECTIVE
Case Number AR20060011746
Applicant Name: Mr.
______________________________________________________________________
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