Applicant Name: ?????
Application Receipt Date: 071023 Prior Review: Prior Review Date: NA
I. Applicant Request: Upgrade Reason Change RE Code Change
Issues: The applicant submitted no issues of equity or propriety to be considered by the Board.
II. Were Proper Discharge and Separation Authority procedures followed?
Tender Offer: No
See Attachments: Legal Medical Minority Opinion Exhibits
III. Discharge Under Review
Unit CDR Recommended Discharge: Date: NIF
Discharge Received: Date: 980822 Chapter: 10 AR: 635-200
Reason: In Lieu of Trial by Court-Martial RE: SPD: KFS Unit/Location: HHC, 19th TAACOM, APO AP 96218
Time Lost: AWOL for 792 days (960614-980815), mode of return unknown.
Article 15s (Charges/Dates/Punishment): NIF
Courts-Martial (Charges/Dates/Punishment): NIF
Counseling Records Available: Yes No
IV. Soldiers Overall Record
Age at current enlistment: 18
Current ENL Date: 950504 Current ENL Term: 3 Years 27 Weeks
Current ENL Service: 01 Yrs, 01 Mos, 17 Days ?????
Total Service: 01 Yrs, 01 Mos, 17 Days Item 12c on the applicant's DD Form 214, net active service this period is incorrect, should read 01 Yrs, 01 Mos, 17 Days.
Previous Discharges: None
Highest Grade: E-2 Performance Ratings Available: Yes No
MOS: NIF GT: NIF EDU: 12 Years Overseas: Korea Combat: None
Decorations/Awards: NIF
V. Post-Discharge Activity
City, State: Spring, TX
Post Service Accomplishments: NIF
VI. Facts, Circumstances, and Legal Basis for Separation
a. Facts and Circumstances:
Evidence of record shows that the separation authority approved the Chapter 10 request with an under other than honorable conditions discharge. On 18 August 1998, DA, Camp Humphreys Transition Center, APO AP 96271, Orders 230-002, discharged the applicant from the Regular Army, effective date: 22 August 1998. The applicants record is void of the specific facts and circumstances concerning the events that led to a discharge from the Army. However, the record does contain a properly constituted DD Form 214 (Certificate of Release or Discharge from Active Duty), which was authenticated by the applicants signature. His DD Form 214 indicates that he was discharged under the provisions of Chapter 10, AR 635-200, for the good of the service-in lieu of trial by court-martial with a characterization of service of under other than honorable conditions. Furthermore, the DD Form 214 shows a Separation Code of KFS (i.e.,for the good of the service-in lieu of trial by court-martial), with a reentry eligibility (RE) code of "3."
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 individuals 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 applicants available military records during the period of enlistment under review, the analyst found no mitigating factors that would merit an upgrade of the applicant's discharge. The applicants record is void of the facts and circumstances concerning the events that led to a discharge from the Army. However, the applicants record does contain a properly constituted DD Form 214 (Certificate of Release or Discharge from Active Duty), which was authenticated by the applicant' signature. This document identifies the reason and characterization of the discharge and the analyst presumed Government regularity in the discharge process. The evidence of record shows the applicant was discharged under the provisions of Chapter 10, AR 635-200, for the good of the service-in lieu of trial by court-martial. In connection with such a discharge, the applicant was charged with the commission of an offense punishable under the Uniform Code of Military Justice (UCMJ) with a punitive discharge. Procedurally, the applicant was required to consult with defense counsel and to voluntarily, and in writing, request 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. In the absence of information to the contrary, the analyst was satisfied that all requirements of law and regulation were met and the rights of the applicant were fully protected throughout the separation process. It also noted that the characterization of service for this type of discharge is normally under other than honorable conditions and that the applicant would have been 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: 17 September 2008 Location: Washington, DC
Did the Applicant Testify? Yes No
Counsel: NA
Witnesses/Observers: NA
Exhibits Submitted: NA
VIII. Board Discussion, Determination, and Recommendation
After carefully examining the applicants record of service during the period of enlistment under review and considering the analysts recommendation and rationale, the Board determined that the discharge was both proper and equitable and voted to deny relief.
IX. Board Decision
XI. Certification Signature
Board Vote: Approval Authority:
Character - Change 0 No change 5
Reason - Change 0 No change 5
(Board member names available upon request)
EDGAR J. YANGER
Issue a new DD Form 214 Colonel, U.S. Army
Change Characterization to: President, Army Discharge Review Board
Change Reason to:
Other: NA
RE Code:
Grade Restoration: No Yes Grade: None
ARMY DISCHARGE REVIEW BOARD - CASE REPORT AND DIRECTIVE
Case Number AR20070015126
______________________________________________________________________________
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