Application Receipt Date: 2006/11/01
Prior Review Prior Review Date: None
I. Applicant Request
Request: Upgrade Reason Change RE Code Change
Issues: See attached DD Form 293 along with supporting documents submitted
by applicant.
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: 01/01/11
Discharge Received: Date: 01/02/01
Chapter: 10 AR: 635-200
Reason: In Lieu of Trial by Court Martial
RE: SPD: KFS
Unit/Location:
Time Lost: None
Article 15s (Charges/Dates/Punishment): None
Court-Martials (Charges/Dates/Punishment): None
Counseling Records Available: Yes No
IV. Soldier’s Overall Record
DOB: 77/05/10
Current ENL Date: 97/11/13 Current ENL Term: 3 Years
Current ENL Service: 03 Yrs, 02Mos, 19Days
Total Service: 03 Yrs, 02Mos, 19Days
Previous Discharges: None
Highest Grade: E-4
Performance Ratings Available: Yes No
MOS: 14S10 Avenger Crewmember GT: NIF EDU: HS Grad Overseas: None
Combat: None
Decorations/Awards: ASR,
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 26 September 2000, the applicant
was charged with wrongfully distribution of less than 30 grams of marijuana
X 2 (000609), (000711) and one count of conspiracy to distribute less than
30 grams of marijuana (000711). On 18 December 2000, 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 and intermediate commanders
recommended approval of an under other than honorable conditions discharge.
On 22 January 2001, 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.
The record contains a CID report dated 31 August 2000.
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. Therefore, the
analyst determined that the reason for discharge and the characterization
of service were both proper and equitable and recommends to the Board to
deny relief.
VII. Summary of Army Discharge Review Board Hearing
Type of Hearing: Date:
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
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:
Other:
RE Code:
Grade Restoration: No Yes Grade:
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
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