Application Receipt Date: 070529
Prior Review Prior Review Date: 061018/Records Review
I. Applicant Request
Request: Upgrade Reason Change RE Code Change
Issues: See applicant's attached DD Form 293.
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: 050831
Chapter: 10 AR: 635-200
Reason: In Lieu of Trial by Court-Martial
RE: SPD: KFS
Unit/Location: 155th Cargo Transfer Company, 10th Transportation Battalion,
Fort Eustis, VA 23604
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: 801024
Current ENL Date: 030912 Current ENL Term: 03 Years
Current ENL Service: 01 Yrs, 11Mos, 19Days
Total Service: 04 Yrs, 02Mos, 26Days
Previous Discharges: RA-010605-030911/HD
Highest Grade: E5
Performance Ratings Available: Yes No
MOS: 92F10 (Petroleum Supply Specialist) GT: 124 EDU: GED Overseas:
Southwest Asia Combat: Iraq (030303-040304)
Decorations/Awards: ARCOM (2d Award), AGCM, ICM, NDSM, ASR, GWOTSM
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 the applicant was charged with
conspiracy to commit an offense under the Uniform Code Of Military Justice,
to wit: larceny of three Snap-On mechanics tool tool boxes, of a value
estimated at $5,000.00, property of the 155th Cargo Transfer Company. In
order to effect the objects of the conspiracy, did wrongfully take three
Snap-On mechanics tool tool boxes, property of the United States Army,
remove this property from control of the United States Army and transport
said property to the State of West Virginia for the purpose of converting
said property to their own use. 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.
Furthermore, 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 submitted 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
lowest enlisted rank.
The applicant has a CID Report of Investigation dated 20 June 2005, 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, and
the issue 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. Therefore, the
analyst determined that the reason for discharge and the characterization
of service were both proper and equitable and recommends to the Board to
deny relief.
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: 8 November 2007
Lieutenant Colonel, U.S. Army
Chief, Secretary Recorder
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