Application Receipt Date: 060906	

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: NIF
Discharge Received:     Date: 961018   
Chapter: 10    AR: 635-200
Reason: In Lieu of Trial by Court-Martial
RE:     SPD: KFS
Unit/Location: Headquarters and Headquarters Company, 902d Military Intelligence Group, Fort Meade, MD  20755 

Time Lost: Absent without leave for a total of 25 days; 1 day (960617-960617) returned to unit of assignment, 17 days (960708-960724), applicant was apprehended my civilian authorities in North Canton, Ohio, and transferred to Fort Knox, KY, 7 days (960906-960912), returned to unit of assignment.

Article 15s (Charges/Dates/Punishment): 960625/Absent without leave/(Field Grade)

960614/Memorandum of Reprimand for willfully disobeying a lawful command from the ISG on (960415) and (960419)/Administrative/Unit Commander.

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

Counseling Records Available: Yes    No 

IV.  Soldier’s Overall Record
DOB:  650204  
Current ENL Date: 920212    Current ENL Term: 04 Years  (The applicant extended his enlistment for 7 months on (950512), giving him a new ETS date of (960924)).  Extension of service was at the request and for the convenience of the government.
Current ENL Service: 04 Yrs, 08Mos, 07Days (Includes 28 days of excess leave 960921-961018)
Total Service:  12 Yrs, 07Mos, 23Days ?????
Previous Discharges: USAR-830601-840130/NA 
                                      RA-840131-860730/HD
                                      RA-860731-920224/HD
Highest Grade: E7
Performance Ratings Available: Yes    No 
MOS: 75H40 (Personnel Service Sergeant)   GT: 127   EDU: HS Grad   Overseas: Southwest Asia, Germany, Italy   Combat: Kuwait (900911-910405)
Decorations/Awards: SWASM (2 bronze stars), MSM (2d Award), ARCOM (2d Award), AGCM (3d Award), NDSM, NCOPDR, ASR, OSR (3d Award), KLM-SA, KLM-KU, 
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 19 July 1996, the applicant was charged with going AWOL from 8 July 1996 to 25 July 1996; wrongfully failed to provide support in the amount required by regulation to his wife from 1 February 1996 to the present;  wrongfully made an official statement referencing going on sick call on or about 8 July 1996; made and utter checks X 7, for a total amount of $742.63, $22.63 on or about 29 February 1996,  $125.00 on or about 10 March 1996, $200.00 and $150.00 on or about 16 March 1996, $120.00 on or about 17 March 1996, $100.00 on or about 30 April 1996, and $25.00 on or about 16 May 1996; and dishonorably failed to pay debts in the amount of $204.90 on or about 15 March 1996, and $405.17 on or about 13 July 1996.  On 13 September 1996, the applicant was additionally charged with going AWOL from 6 September 1996 to 11 September 1996, and breaking restriction on 6 September 1996.  On 19 September 1996, 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 veteran’s benefits.  The applicant submitted a statement in his own behalf.  The unit commander's recommendation for approval of the requested separtation action was not found in the available record and the analyst presumed Government Regularity in the discharge process.  On 9 October 1996, the separation authority waived further rehabilitative efforts and directed that the applicant be discharged with a characterization of service of general, under honorable conditions.
      
      The applicant has a Military Police Report dated 18 June 1996, in his Official Military Personnel File.

      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 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.  Furthermore, if the applicant desires to reenlist, he should contact the local recruiter to determine his eligibility to reenlist.  Those individuals can best advise a former service member as to the needs of the Army at the time, and are required to process waivers of reentry eligibility (RE) codes.  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: 15 November 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 2    No change 3   - Character
		 			      Change 0    No change 5   - 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 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: 


CHRISTINE U. MARTINSON			DATE: 26 November 2007
Lieutenant Colonel, U.S. Army
Chief, Secretary Recorder
ARMY DISCHARGE REVIEW BOARD - CASE REPORT AND DIRECTIVE

Case Number AR20060012926

Applicant Name:  Mr.        
______________________________________________________________________


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