Application Receipt Date: 070416
Prior Review Prior Review Date: None
I. Applicant Request
Request: Upgrade Reason Change RE Code Change
Issues: See applicant's DD Form 293 and attached 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: 000822
Discharge Received: Date: 001025
Chapter: 10 AR: 635-200
Reason: In Lieu Of Trial By Court-Martial
RE: SPD: KFS
Unit/Location: D Company, 2nd Battalion, 82nd Aviation Regiment, Fort
Bragg, NC 28310-5100
Time Lost: AWOL-137 days from (990610-991024), surrendered to civil
authorities on (990901) in West Leisenring, PA and transferred to Fort
Knox, KY.
Article 15s (Charges/Dates/Punishment): None
Court-Martials (Charges/Dates/Punishment): None
Counseling Records Available: Yes No
IV. Soldier’s Overall Record
DOB: 761224
Current ENL Date: 950622 Current ENL Term: 6 Years The applicant was
placed on excess for 365 days from (991027-001025).
Current ENL Service: 04 Yrs, 11 Mos, 17 Days
Total Service: 04 Yrs, 11 Mos, 17 Days
Previous Discharges: None
Highest Grade: E4
Performance Ratings Available: Yes No
MOS: 68N10 Avionic Mechanic GT: 109 EDU: HS Letter Overseas: None
Combat: None
Decorations/Awards: NDSM, ASR
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 26 October 1999, the applicant
was charged with AWOL from (990610-991025). On 26 October 1999, 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 11 October 2000, 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 careful review of all the applicant's military records during
the period of enlistment under review, the issue and documents he
submitted, the analyst recommends that the applicant's request for an
upgrade of his characterization of service be denied. 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 offense under UCMJ. 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 this
prior to requesting discharge. 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: 15 October 2007
Location: Washington, DC
Did the Applicant Testify? Yes No
Counsel: Mr. Larry Provost
The American Legion
1608 K Street N.W.
Washington, DC 20006
Witnesses/Observers: No
Exhibits Submitted: No
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 0 No change 5 - Character
Change 0 No change 5 - 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 and 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: NA
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:
CHRISTINE U. MARTINSON DATE: 29 October 2007
Lieutenant Colonel, U.S. Army
Chief, Secretary Recorder
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