Application Receipt Date: 070404
Prior Review Prior Review Date: None
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: 960416
Discharge Received: Date: 960430
Chapter: 10 AR: 635-200
Reason: In Lieu of Trial by Court-Martial
RE: SPD: KFS
Unit/Location: Headquarters and Headquarters Company, 17th Area Support
Group, APO AP 96343-5006
Time Lost: None
Article 15s (Charges/Dates/Punishment): None
Court-Martials (Charges/Dates/Punishment): 960307/General Court
Martial/Indecent liberties with a child and attempted rap of a female under
16 years of age. He was sentence to be reprimanded and to be reduced to
the grade of E5.
Counseling Records Available: Yes No
IV. Soldier’s Overall Record
DOB: 660906
Current ENL Date: 930402 Current ENL Term: 04 Years The applicant
extended his period of enlistment 18 months on (950324) giving him a new
ETS of (981001)
Current ENL Service: 03 Yrs, 00Mos, 29Days
Total Service: 10 Yrs, 03Mos, 10Days
Previous Discharges: RA-860121-890713/HD
RA-890714-930401/HD
Highest Grade: E6
Performance Ratings Available: Yes No
MOS: 88M10 (Motor Transportation Operator) GT: 110 EDU: HS Grad
Overseas: Germany, Sinai, Japan Combat: None
Decorations/Awards: ARCOM (3d Award), AGCM (3d Award), JSAM, AAM (3d
Award), NDSM, SWAM, NCOPDR, ASR, OSR (2d Award), Multinational Force and
Observers Medal (2d Award)
V. Post-Discharge Activity
Home of Record:
Current Address:
Post Service Accomplishments: See attached documents.
VI. Facts, Circumstances, and Legal Basis for Separation
a. Facts and Circumstances:
The evidence of record shows that on 4 December 1995, the applicant
was charged with committing an indecent act upon the body of a female under
16 years of age, not the wife of the Soldier on or about 8 November 1995,
and attempting to rape a person who had not attained the age of 16 years on
or about 8 November 1995. On 8 April 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
veteran’s benefits. The applicant did not submit a statement in his own
behalf. The unit commander and intermediate commander recommended approval
of an under other than honorable conditions discharge. On 19 April 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.
The applicant has a CID Report of Investigation dated 8 January 1996,
in his Official Military Personnel File.
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,
documents, and the issue he submitted, the analyst found several mitigating
factors that would merit a partial upgrade of the applicant's
characterization of service to general, under honorable conditions. The
analyst does not condone the applicant’s misconduct; however, the evidence
in this case supports a conclusion that the characterization of service was
too harsh, and as a result it is now inequitable. The analyst found that
the length and quality of the applicant's service, and his post service
accomplishments mitigated the discrediting entries in his service record.
However, the analyst determined that the reason for discharge was both
proper and equitable.
VII. Summary of Army Discharge Review Board Hearing
Type of Hearing: Date: 5 November 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:
Lieutenant Colonel, U.S. Army
Chief, Secretary Recorder
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