Application Receipt Date: 061226
Prior Review Prior Review Date: None
I. Applicant Request
Request: Upgrade Reason Change RE Code Change
Issues: The applicant states, in effect, that he is not guilty of the charges.
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: 960117
Discharge Received: Date: 960226
Chapter: 10 AR: 635-200
Reason: In Lieu of Trial by Court-Martial
RE: SPD: KFS
Unit/Location: Service Battery, 1st Battalion, 5th Field Artillery, Fort Riley, KS 66442
Time Lost: None
Article 15s (Charges/Dates/Punishment): None
Court-Martials (Charges/Dates/Punishment): None
Counseling Records Available: Yes No
IV. Soldiers Overall Record
DOB: 661005
Current ENL Date: 931203 Current ENL Term: 3 Years ?????
Current ENL Service: 2 Yrs, 2 Mos, 24 Days ?????
Total Service: 9 Yrs, 8 Mos, 14 Days ?????
Previous Discharges: USAR-860429-860612/NA
RA-860613-890613/HD
USAR-890614-900812/NA
USARCG-900813-901210/NA
OAD-901211-910508/HD
USARCG-910509-911018/NA
USAR-911019-931202/NA
Highest Grade: E4
Performance Ratings Available: Yes No
MOS: 92G10 Food Service Specialist GT: 90 EDU: HS Grad Overseas: Prior Service/Germany-(861021-890610), Saudi Arabia (910109-910506) Combat: Kuwait (910109-910506)
Decorations/Awards: Prior Service/AAM(1st OLC), NDSM, SWASMDLw/3BSS, KLM, ASR, OSR
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 applicant's charge sheet (DD Form 458) is not part of the available records, and the analyst presumed Government regularity in the discharge process. However, the evidence of record shows that the applicant states in his request for discharge that he was charged with one specification of rape, and two specifications of adultery and indecent assault. On 17 January 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 veterans benefits. The applicant did not submit a statement in his own behalf. The unit commander and intermediate commanders recommended approval of an under other than honorable conditions discharge. On 6 February 1996, 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 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, a supporting document, 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. In view of the foregoing, the analyst determined that the reason for discharge and the characterization of service were both proper and equitable.
VII. Summary of Army Discharge Review Board Hearing
Type of Hearing: Date: 6 August 2007
Location: Washington, DC
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: Mr. Ron Williams, 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:
MARY E. SHAW DATE: 10 August 2007
Lieutenant Colonel, U.S. Army
Chief, Secretary Recorder
ARMY DISCHARGE REVIEW BOARD - CASE REPORT AND DIRECTIVE
Case Number AR20070000074
Applicant Name: Mr.
______________________________________________________________________
Page 4 of 4 pages
ARMY | DRB | CY2006 | AR20060012218
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. 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...
AF | DRB | CY2006 | AR20060017299
Applicant Request Request: Upgrade Reason Change RE Code Change Issues: See applicant's attached DD Form 293. Original Character of Discharge Unit CDR Recommended Discharge: Date: 000503 Discharge Received: Date: 000920 Chapter: 10 AR: 635-200 Reason: In Lieu of Trial by Court-Martial RE: SPD: KFS Unit/Location: 403rd Transportation Company, Fort Bragg, NC Time Lost: Absent without leave for a total of 35 days (990706-990809). Board Discussion, Determination, and Recommendation After...
ARMY | DRB | CY2009 | AR20090004159
Applicant Name: ????? 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 new DD Form 214 Change Characterization to: Change Reason to: No Change Other: NA RE Code: Grade Restoration: No Yes Grade:...
ARMY | DRB | CY2008 | AR20080007517
Applicant Request Request: Upgrade Reason Change RE Code Change Issues: See DD Form 293 and attached documents submitted by the applicant. 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. It is also noted that the characterization of service for this type of...
ARMY | DRB | CY2006 | AR20060014806
Original Character of Discharge Unit CDR Recommended Discharge: Date: 940418 Discharge Received: Date: 940516 Chapter: 10 AR: 635-200 Reason: In Lieu Of Trial By Court-Martial RE: SPD: KFS Unit/Location: U.S. Army Personnel Center (USARPERCEN) St. Loius, MO 63132 Time Lost: None Article 15s (Charges/Dates/Punishment): None Court-Martials (Charges/Dates/Punishment): None Counseling Records Available: Yes No IV. On 21 April 1994, the separation authority approved the discharge with an under...
ARMY | DRB | CY2006 | AR20060011537
Current ENL Service: 01 Yrs, 01 Mos, 01 Days Item 12a on DD Form 14, date entered active duty this period is incorrect, should read (041203), see active duty orders dated (041201). 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. Accordingly, the Board voted to...
ARMY | DRB | CY2006 | AR20060013030
Application Receipt Date: 060914 Prior Review Prior Review Date: None I. Legal Basis for Separation: Army Regulation 635-200 sets forth the basic authority for the separation of enlisted personnel. 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 | CY2006 | AR20060012654
Applicant Request Request: Upgrade Reason Change RE Code Change Issues: See applicant's attached DD Form 293 and supporting documents. c. Response to Issues, Recommendation and Rationale: After a careful review of all the applicants military records during the period of enlistment under review, the issues and documents he submitted, the analyst recommends that the applicants characterization of service be upgraded to general, under honorable conditions. Board Discussion, Determination,...
ARMY | DRB | CY2006 | AR20060009260
Applicant Request Request: Upgrade Reason Change RE Code Change Issues: See DD Form 293 and attached documents. 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. Certification Signature and Date Approval Authority: ROBERT L. HOUSE Colonel, U.S. Army President, Army Discharge Review Board Official: MARY E. SHAW...
ARMY | DRB | CY2008 | AR20080004063
Applicant Name: ????? The DD Form 214 indicates that the applicant was discharged under the provisions of Chapter 10, AR 635-200, in lieu trial by court-martial with a characterization of service of under other than honorable conditions. 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...