Application Receipt Date: 061020
Prior Review Prior Review Date: NONE
I. Applicant Request
Request: Upgrade Reason Change RE Code Change
Issues: See DD293
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: 051221
Discharge Received: Date: 060126
Chapter: 10 AR: 635-200
Reason: In Lieu of Trial By Court-Martial
RE: SPD: KFS
Unit/Location: HHD 2d Chemical Bn, 13th Corps Support Command, Ft. Hood, TX
Time Lost: AWOL for 6 days (051206-051211)
Article 15s (Charges/Dates/Punishment): 051105, disrespectful in deportment towards a CW3, 1SG, and SSG (051005); and disobeying a lawful order from a SSG x 2 (051005); 45 days extra duty and restriction (FG).
Court-Martials (Charges/Dates/Punishment): None
Counseling Records Available: Yes No
IV. Soldier's Overall Record
DOB: 831006
Current ENL Date: 050328 Current ENL Term: 5 Years 17 weeks
Current ENL Service: 0 Yrs, 9Mos, 23Days
Total Service: 0 Yrs, 9Mos, 23Days
Previous Discharges: None
Highest Grade: E-2
Performance Ratings Available: Yes No
MOS: 88M10 Motor Trasport Op GT: NIF EDU: HS Grad Overseas: SWA Combat: Iraq (050817-050915)
Decorations/Awards: NDSM, GWOTSM, ASR
V. Post-Discharge Activity
Home of Record:
Current Address:
Post Service Accomplishments:
VI. Facts, Circumstances, and Legal Basis for Separation
a. Facts and Circumstances:
The evidence of record shows that on 15 December 2005, the applicant was charged with AWOL (051206-051211); disrespecting a superior commissioned officer x 2 (051125); willfully disobeying a superior commissioned officer (051125); and breaking restriction (051125). 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 did not submit a statement in his own behalf. The unit commander, and intermediate commander recommended approval of an under other than honorable conditions discharge. On 10 January 2006, the separation authority approved the discharge with an under other than honorable conditions discharge. The applicant was to 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 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 available military records during the period of enlistment under review, the issues and documents he submitted, the analyst recommends that the applicant's characterization of service be upgraded to general, under honorable conditions. This recommendation was made after full consideration of his faithful 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. While the applicant's misconduct is not condoned, the analyst noted that the overall applicant's service, to include his combat service, and the supporting medical documents, mitigated the discrediting entries in his service record. However, the analyst determined that the reason for discharge was both proper and equitable. This action entails a restoration of grade to PV2/E-2.
VII. Summary of Army Discharge Review Board Hearing
Type of Hearing: Date: 071218
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 4 No change 1 - Character
Change 0 No change 5 - Reason
(Board member names available upon request)
IX. Board Discussion, Determination, and Recommendation
Case report reviewed and verified by: Timon M. Oujiri, Examiner
X. Board Action Directed
No Change
Issue a new DD Form 214
Change Characterization to:
Change Reason to:
Other:
RE Code:
Grade Restoration: No Yes Grade: E-2
XI. Certification Signature and Date
Approval Authority:
MARK E. COLLINS
Colonel, U.S. Army
President, Army Discharge Review Board
Official:
CHRISTINE U. MARTINSON DATE:
Lieutenant Colonel, U.S. Army
Chief, Secretary Recorder
ARMY DISCHARGE REVIEW BOARD - CASE REPORT AND DIRECTIVE
Case Number AR20060014938
Applicant Name: Mr.
______________________________________________________________________
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