Application Receipt Date: 2006/09/20
Prior Review Prior Review Date: None
I. Applicant Request
Request: Upgrade Reason Change RE Code Change
Issues: See attached DD Form 293 along with attached 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: 92/02/18
Chapter: 10 AR: 635-200
Reason: For The Good Of The Service - In Lieu Of Court Martial
RE: SPD: KFS
Unit/Location: A Company 15th Support, 1st Cavalry Division, Fort Hood TX 76545-5101
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: 1956/04/21
Current ENL Date: 91/06/03 Current ENL Term: 3 Years ?????
Current ENL Service: 0 Yrs, 08Mos, 16Days ?????
Total Service: 09 Yrs, 10Mos, 11Days ?????
Previous Discharges: (820317 - 850318) HD
Highest Grade: E-4
Performance Ratings Available: Yes No
MOS: 77F10 Petroleum Supply Specialist 5 Yrs 11 Mos/ 94B10 Food Service Specialist 9 yrs 1 Mos GT: 103 EDU: NIF Overseas: 03/06/08 Combat: South West Asia (Kuwait ) 901013 - 910422.
Decorations/Awards: GCM (2nd Award), NDSM, NCOPDR, ASR, OSS (2nd) SWASM w/ Bronze Service Stars, KLM
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 18 February 1992, the applicant was discharged with an under other than honorable conditions discharge. The applicants record is void of facts and circumstances concerning the events that led to her discharge from the Army. However, the record does contain a properly constituted DD Form 214 (Certificate of Release or Discharge from Active Duty), which was authenticated by the applicants signature. Her DD Form 214 indicates that she 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. Furthermore, the DD Form 214 shows a Separation Code of KFS (i.e., for the good of the service-in lieu of court-martial) with a reentry eligibility (RE) code of "3."
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 applicants military records, and the issues she submitted, the analyst found that the characterization of service granted is too harsh and as a result inequitable. The evidence of record shows the applicant was charged with the commission of an offense, wrongful use of cocaine, 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. Notwithstanding the propriety of the applicants discharge, the analyst recommends to the Board that the applicants characterization service should now be upgrade to honorable conditions based upon the applicant's overall length, quality and combat service. However, the reason for discharge remains both both proper and equitable.
VII. Summary of Army Discharge Review Board Hearing
Type of Hearing: Date: 7 November 2007
Location: Washington DC
Did the Applicant Testify? Yes No
Counsel: NA
Witnesses/Observers: NA
Exhibits Submitted: 1
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 5 No change 0 - 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 characterization of service is now too harsh based on her overall length and quality of service to include combat, as well as her post service and time elapsed, and as a result it is inequitable. Accordingly, the Board voted to grant relief in the form of an upgrade of the characterization of service to fully honorable. The Board determined that the reason for discharge was proper and equitable and voted not to change it. ?????
Case report reviewed and verified by: Earl Silver, 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: None
XI. Certification Signature and Date
Approval Authority:
MARK E. COLLINS
Colonel, U.S. Army
President, Army Discharge Review Board
Official:
CHRISTINE U. MARTINSON DATE: 9 November 2007
Lieutenant Colonel, U.S. Army
Chief, Secretary Recorder
ARMY DISCHARGE REVIEW BOARD - CASE REPORT AND DIRECTIVE
Case Number AR20060013372
Applicant Name: Mrs.
______________________________________________________________________
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