Case Number AR20070016100
Applicant Name:
Application Receipt Date: 2007/11/09
Prior Review Prior Review Date: None
I. Applicant Request
Request: Upgrade Reason Change RE Code Change
Issues: See DD Form 293 and attached documents submitted by the Applicant
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: 060109
Discharge Received: Date: 060623
Chapter: 10 AR: 635-200
Reason: In lieu of trial by court martial
RE: SPD: KFS
Unit/Location: 1st Bde Cbt Tm (Rear)(Provisional), 4th ID, Ft Hood, Tx
Time Lost: AWOL for 164 days (051208-060522), apprehended; confinement 21 days, (060523-060613). Total time lost 185 days.
Article 15s (Charges/Dates/Punishment): None
Court-Martials (Charges/Dates/Punishment): None
Counseling Records Available: Yes No
IV. Soldiers Overall Record
DOB: 791219
Current ENL Date: 040917 Current ENL Term: NIF Years ?????
Current ENL Service: 01 Yrs, 09 Mos, 07 Days ?????
Total Service: 08 Yrs, 11 Mos, 24 Days ?????
Previous Discharges:
RFAD 980706-980826 UNC
RA 990722-040916 HD
Highest Grade: E5
Performance Ratings Available: Yes No
MOS: 44B20 Metal Worker GT: 118 EDU: HS Grad Overseas: Korea Combat: Iraq (030403-040402)
Decorations/Awards: ASR / NDSM / GWOTSM / GWOTE
V. Post-Discharge Activity
Home of Record:
Post Service Accomplishments: Applicant works as maintenance worker for Tysons Foods and provides support letters.
VI. Facts, Circumstances, and Legal Basis for Separation
a. Facts and Circumstances:
The evidence of record shows that on 9 January 2006, the applicant was charged with AWOL from 8 December 2005 until 22 May 2006. On 8 June 2006 , 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 veterans benefits. The applicant did not submit a statement in his own behalf. The applicant's chain of command recommended approval of the Chapter 10 request with an under other than honorable conditions discharge. On 14 June 2006, the separation authority approved the Chapter 10 request 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 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 military records during the period of enlistment under review, the issues and documents he submitted, the analyst recommends that the applicants characterization of service be upgraded to general, under honorable conditions. This recommendation was made after full consideration of his faithful and honorable service, as well as his record of misconduct. The evidence in this case supports a conclusion that the applicants characterization of service was too harsh, and as a result it is inequitable. While the applicant's misconduct is not condoned, the analyst noted that the overall length and quality of the applicant's service, to include his combat service mitigated the discrediting entries in his service record. Accordingly, the analyst recommends to the Board that the applicants characterization of service be upgraded to general, under honorable conditions. However, the reason for discharge remains both proper and equitable.
VII. Summary of Army Discharge Review Board Hearing
Type of Hearing: Date: 15 February 2008
Location: Washington D.C.
Did the Applicant Testify? Yes No
Counsel: NA
Witnesses/Observers: NA
Exhibits Submitted: NA
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 2 No change 3 - Character
Change 0 No change 5 - Reason
(Board member names available upon request)
IX. 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.
Case report reviewed and verified by: Edgar Yanger, Examiner
X. Board Action Directed
No Change
Issue a new DD Form 214
Change Characterization to:
Change Reason to: NA
Other: NA
RE Code:
Grade Restoration: No Yes Grade: NA
XI. Certification Signature and Date
Approval Authority:
MARK E. COLLINS
Colonel, U.S. Army
President, Army Discharge Review Board
Official:
CHRISTINE U. MARTINSON DATE: 18 February 2008
Lieutenant Colonel, U.S. Army
Chief, Secretary Recorder
ARMY DISCHARGE REVIEW BOARD - CASE REPORT AND DIRECTIVE
______________________________________________________________________
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