Application Receipt Date: 070209
Prior Review Prior Review Date: 040310
I. Applicant Request
Request: Upgrade Reason Change RE Code Change
Issues: See applicant's attached DD Form 293 and supporting documents.
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: NIF
Discharge Received: Date: 030606
Chapter: 10 AR: 635-200
Reason: In Lieu of Trial by Court-Martial
RE: SPD: KFS
Unit/Location: 17th Military Police Detachment, Fort Jackson, SC
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: 750415
Current ENL Date: 001010 Current ENL Term: 03 Years
Current ENL Service: 02 Yrs, 07Mos, 27Days
Total Service: 07 Yrs, 03Mos, 08Days
Previous Discharges: ARNG-960229-960715/NA
ADT-960716-961206/HD
ARNG-961207-970319/NA
RA-970320-990321/HD
RA-990322-001009/HD
Highest Grade: E5
Performance Ratings Available: Yes No
MOS: 95B10 (Military Police) GT: 105 EDU: 1 yr Coll Overseas: Korea
Combat: None
Decorations/Awards: AAM (3d Award), Air Force Achievement Medal, AGCM, NDSM
(2d Award), NCOPDR, ASR, OSR (2d Award)
V. Post-Discharge Activity
Home of Record: Gastonia, NC
Current Address: 3180 N. Jog Road
Apt 4206
West Palm Beach FL 33411
United States
Post Service Accomplishments: Applicant states he is currently employed by
the Florida Department of Juvenile Justice where he serves as a Juvenile
Justice Detention Officer II, with an additional duty of Gang Intelligence
Officer.
VI. Facts, Circumstances, and Legal Basis for Separation
a. Facts and Circumstances:
The evidence of record shows that on 6 May 2003, the applicant was
charged with unlawfully striking a child under the age of 16 years on the
buttocks and legs with a belt 12 March 2003 and maltreating a female
Soldier, a person subject to his orders, by having sex with her 30 March
2003. On 14 May 2003, 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 separation
authority approved the discharge with an under other than honorable
conditions discharge. The applicant was to be reduced to the rank of
private/E1.
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 independent evidence he submitted, the analyst found several mitigating
factors that would warrant an upgrade of the characterization of service 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 evidence in this case supports a conclusion that
the applicant’s characterization of service was too harsh, and as a result
it is inequitable. The analyst determined that the overall length and
quality of the applicant's service and the circumstances surrounding the
discharge, mitigated the discrediting entries in his service record.
However, the reason for discharge was both proper and equitable. This
action entails a restoration of grade to sergeant/E5.
VII. Summary of Army Discharge Review Board Hearing
Type of Hearing: Date: 15 May 2007
Location: Tampa, FL
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: Eric S. Moore, 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: 18 May 2007
Lieutenant Colonel, U.S. Army
Chief, Secretary Recorder
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