Application Receipt Date: 060120
Prior Review Prior Review Date: 021218/Records Review
I. Applicant Request
Request: Upgrade Reason Change RE Code Change
Issues: See applicant's attached DD Form 293 and letter of support.
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: 001117
Discharge Received: Date: 010124
Chapter: 10 AR: 635-200
Reason: In Lieu of Trial by Court-Martial
RE: SPD: KFS
Unit/Location: C Company, 262nd Quartermaster Battalion, Fort Lee, VA
23801
Time Lost: Absent without leave for a total of 169 days (000228-000718).
Applicant surrendered to military authorities at Fort Sill, OK.
Article 15s (Charges/Dates/Punishment): None
Court-Martials (Charges/Dates/Punishment): None
Counseling Records Available: Yes No
IV. Soldier’s Overall Record
DOB: 810316
Current ENL Date: 991119 Current ENL Term: 03 Years
Current ENL Service: 00 Yrs, 09Mos, 14Days (Includes 181 days of excess
leave from (000728-010124))
Total Service: 00 Yrs, 09Mos, 14Days
Previous Discharges: None
Highest Grade: E1
Performance Ratings Available: Yes No
MOS: None GT: NIF EDU: HS Grad Overseas: None Combat: None
Decorations/Awards: ASR
V. Post-Discharge Activity
Home of Record: Modesto, CA
Current Address: 1517 Nadine Ave
Modesto CA 95351
Post Service Accomplishments: See applicant's attached letter of support.
VI. Facts, Circumstances, and Legal Basis for Separation
a. Facts and Circumstances:
The evidence of record shows that on 26 July 2000, the applicant was
charged with going AWOL, from 28 February 2000 to 19 July 2000. On 28 July
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 3 January 2001, the separation authority approved the discharge with an
under other than honorable conditions discharge.
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, the
issue and document 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. Furthermore, at
the time of discharge the applicant was appropriately assigned a reentry
eligibility (RE) code of “4.” An RE code of “4” can not be waived and the
applicant is no longer eligible for reenlistment. Therefore, 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: 19 September 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: 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:
CHRISTINE U. MARTINSON DATE: 21 September 2007
Lieutenant Colonel, U.S. Army
Chief, Secretary Recorder
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