Application Receipt Date: 070321
Prior Review Prior Review Date: Records/051205
I. Applicant Request
Request: Upgrade Reason Change RE Code Change
Issues: The applicant states, in effect, that they are to be discussed.
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: 050415
Discharge Received: Date: 050429
Chapter: 10 AR: 635-200
Reason: In Lieu of Trial by Court-Martial
RE: SPD: KFS
Unit/Location: Company E, 1st Battalion, 61st Infanntry, Fort Jackson, SC
29207
Time Lost: AWOL, for a total of 95 days from (050104 to 050408). He was
apprehended by the civilian authorities at Revere, MA, and transferred to
Fort Knox, KY 40121-5238
Article 15s (Charges/Dates/Punishment): None
Court-Martials (Charges/Dates/Punishment): None
Counseling Records Available: Yes No
IV. Soldier’s Overall Record
DOB: 701028
Current ENL Date: IOAD/040720 Current ENL Term: 26 Weeks Years
Current ENL Service: 0 Yrs, 6 Mos, 5 Days The applicant was placed on
excess leave for a total of 15 days from (050415-050429)
Total Service: 0 Yrs, 6 Mos, 5 Days
Previous Discharges: None
Highest Grade: E3
Performance Ratings Available: Yes No
MOS: None GT: NIF EDU: Degree Credential Overseas: None Combat:
None
Decorations/Awards: None
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 evidence of record shows that on 14 April 2005, the applicant was
charged with AWOL from (4 January 2005 until 9 April 2005). On 14 April
2005, 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 20 April 2005, 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, 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: 1 October 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:
CHRISTINE U. MARTINSON DATE: 5 October 2007
Lieutenant Colonel, U.S. Army
Chief, Secretary Recorder
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