Application Receipt Date: 061229
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: 001126
Discharge Received: Date: 020205
Chapter: 10 AR: 635-200
Reason: In Lieu of Trial by Court-Martial
RE: SPD: KFS
Unit/Location: HQ & HQ Battery, 1-37th Field Artillery, Fort Lewis, WA
98433
Time Lost: AWOL, for a total of 203 days from (000406-001025). The
applicant was apprehended by the civilian authorities and placed in the
Montcalm County Jail, Stanton, MI, and was transferred to the military
authorities at Fort Knox, KY 40121.
Article 15s (Charges/Dates/Punishment): None
Court-Martials (Charges/Dates/Punishment): None
Counseling Records Available: Yes No
IV. Soldier’s Overall Record
DOB: 800925
Current ENL Date: 990503 Current ENL Term: 4 Years
Current ENL Service: 2 Yrs, 2 Mos, 10 Days The applicant was placed on
excess leave for a total of 460 days from (001103-020205)
Total Service: 2 Yrs, 2 Mos, 10 Days
Previous Discharges: None
Highest Grade: E2
Performance Ratings Available: Yes No
MOS: 31L10 Cable System Installer-Maintainer GT: 86 EDU: HS Grad
Overseas: None Combat: None
Decorations/Awards: ASR
V. Post-Discharge Activity
Home of Record: Gladstone, MI 49837
Current Address: 16075 Meddler Avenue
Cedar Springs MI 49319
Post Service Accomplishments: None Listed
VI. Facts, Circumstances, and Legal Basis for Separation
a. Facts and Circumstances:
The evidence of record shows that on 2 November 2000, the applicant
was charged with AWOL from (6 April 2000 to 26 October 2000). On 2
November 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
did not submit a statement in his own behalf. The unit commander
recommended approval of an under other than honorable conditions discharge.
On 25 January 2002, 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 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
reason for discharge and the characterization of service remains both
proper and equitable.
VII. Summary of Army Discharge Review Board Hearing
Type of Hearing: Date: 16 April 2007
Location: Chicago, IL
Did the Applicant Testify? Yes No
Counsel: No
Witnesses/Observers: Wife
Exhibits Submitted: None
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
After carefully examining the applicant’s record of service during the
period of enlistment under review, hearing his testimony and considering
the analyst’s recommendation and rationale, the Board determined that the
discharge was both proper and equitable, voted to deny relief.
Case report reviewed and verified by: Mr. Kenneth McFarley, Examiner
X. Board Action Directed
No Change
Issue a new DD Form 214
Change Characterization to:
Change Reason to: None
Other: None
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:
MARY E. SHAW DATE: 8 May 2007
Lieutenant Colonel, U.S. Army
Chief, Secretary Recorder
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