Application Receipt Date: 061127
Prior Review Prior Review Date: None
I. Applicant Request
Request: Upgrade Reason Change RE Code Change
Issues: See DD Form 293
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: 920708
Discharge Received: Date: 920727
Chapter: 10 AR: 635-200
Reason: For the good of the service, In lieu of trial by court martial
RE: SPD: KFS
Unit/Location: HHC, 3/9th IN BN, 7th IN Div, Fort Ord, CA
Time Lost: Absent without leave for 62 days (920414-920614). Surrendered.
Article 15s (Charges/Dates/Punishment): None
Court-Martials (Charges/Dates/Punishment): None
Counseling Records Available: Yes No
IV. Soldier's Overall Record
DOB: 720321
Current ENL Date: 900821 Current ENL Term: 4 Years 14 weeks
Current ENL Service: 01 Yrs, 09Mos, 06Days Applicant was placed on excess leave for 34 days (920624-920727).
Total Service: 01 Yrs, 09Mos, 06Days
Previous Discharges: None
Highest Grade: E3
Performance Ratings Available: Yes No
MOS: 11B10 Infantryman GT: 126 EDU: HS Grad Overseas: None Combat: None
Decorations/Awards: ASR / NDSM
V. Post-Discharge Activity
Home of Record:
Current Address:
Post Service Accomplishments: Applicant states he has acquired various college degrees including a Bachelors (Political Science) and two Masters Degrees (Political Science and International Affairs and Administration). The applicant did not provide any supporting documents for these stated accomplishments.
VI. Facts, Circumstances, and Legal Basis for Separation
a. Facts and Circumstances:
The evidence of record shows that on 23 June 1992, the applicant was charged with AWOL (920414-920614). 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 recommended approval of an under other than honorable conditions discharge. On 10 July 1992, the separation authority approved the discharge with characterization of service of under other than honorable conditions. 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 military records during the period of enlistment under review and the issues 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 and honorable service as well as his record of misconduct. The analyst noted the applicant's youth at the time of enlistment and an apparent lack of maturity. The analyst further noted that the applicant's misconduct and poor duty performance were a clear departure from acceptable Army standards, the analyst found that the offenses were partially mitigated by youth and immaturity. Accordingly, the analyst recommends to the Board that the applicant's characterization of service be upgraded to general, under honorable conditions. This action does not entail a restoration of grade. 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:
Location: Washington D.C.
Did the Applicant Testify? Yes No
Counsel:
Witnesses/Observers:
Exhibits Submitted:
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: Edgar Yanger, 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
ARMY DISCHARGE REVIEW BOARD - CASE REPORT AND DIRECTIVE
Case Number AR20060016535
Applicant Name: Mr
______________________________________________________________________
Page 1 of 4 pages
ARMY | DRB | CY2006 | AR20060013003
Applicant Request Request: Upgrade Reason Change RE Code Change Issues: See applicant's attached DD Form 293. 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: E3 XI. Certification Signature and Date Approval Authority: MARK E. COLLINS Colonel, U.S. Army President, Army Discharge Review Board Official: MARY E. SHAW DATE: 8 May 2007 Lieutenant Colonel, U.S. Army Chief, Secretary...
ARMY | DRB | CY2008 | AR20080004283
Applicant Name: ????? 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. Board Action Directed President, Army Discharge Review Board Issue a new DD Form 214 Change Characterization to: Change Reason to: NA Other: NA RE Code: Grade Restoration: No Yes Grade: PV2/E-2 ARMY DISCHARGE REVIEW BOARD - CASE REPORT AND DIRECTIVE Case Number...
ARMY | DRB | CY2006 | AR20060007747
The intermediate commander reviewed the proposed discharge action and recommended approval of the separation action with a general, under honorable conditions discharge. 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. ...
ARMY | DRB | CY2006 | AR20060011719
Facts and Circumstances: Evidence of record shows that on 7 January 2003, the unit commander notified the applicant of initiation of separation action under the provisions of Chapter 14, AR 635-200, by reason of misconduct—pattern of misconduct (receiving a company grade Article 15 on 8 February 2002 for failing to report to duty; on 26 March 2002 the suspension of that Article 15 was vacated because of further misconduct; and receiving a field grade Article 15 on 26 November 2002 for...
AF | DRB | CY2006 | AR20060016551
The intermediate commander reviewed the proposed discharge action and recommended approval of the separation action with a general under honorable conditions discharge. On 21 September 2001, the separation authority waived further rehabilitative efforts and directed that the applicant be discharged with a characterization of service of general under honorable conditions. Accordingly, the analyst recommends that the applicant's characterization of service be upgraded to fully honorable.
ARMY | DRB | CY2006 | AR20060012936
Original Character of Discharge Unit CDR Recommended Discharge: Date: 980831 Discharge Received: Date: 980928 Chapter: 10 AR: 635-200 Reason: In Lieu of Trial by Court-Martial RE: SPD: KFS Unit/Location: D Company, 2nd Battalion, 5th Cavalry, Fort Hood, TX Time Lost: Absent without leave for a total of 31 days (980515-980614). 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...
ARMY | DRB | CY2008 | AR20080012815
Applicant Name: ????? Furthermore, the analyst noted the applicant's request for a change in the reason for her discharge; however, the narrative reason for separation is governed by specific directives. Board Action Directed President, Army Discharge Review Board Issue a new DD Form 214 Change Characterization to: Change Reason to: NA Other: NA RE Code: Grade Restoration: No Yes Grade: NA ARMY DISCHARGE REVIEW BOARD - CASE REPORT AND DIRECTIVE Case Number...
ARMY | DRB | CY2006 | Ar20060013041
Original Character of Discharge Unit CDR Recommended Discharge: Date: 1993/08/23 Discharge Received: Date: 1993/11/05 Chapter: 10 AR: 635-200 Reason: In Lieu of Trial by Court Martial RE: SPD: KFS Unit/Location: 988th Military Police Company, Fort Benning, GA 31905 Time Lost: AWOL, from (930630-930819), for a total of 51 Days. Army policy states that although an honorable or general discharge is authorized, a discharge under other than honorable conditions is normally considered...
ARMY | DRB | CY2007 | AR20070013570
Applicant Name: ????? Applicant Request Request: Upgrade Reason Change RE Code Change Issues: The applicant in fact states, "I am seeking your assistance in returning to service in the United States Army. 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.
ARMY | DRB | CY2008 | AR20080003713
On 28 November 2005, the separation authority approved the discharge with a characterization of service of under other than honorable conditions. 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. Board Action Directed President, Army Discharge Review Board Issue a...