Applicant Name: ?????
Application Receipt Date: 071127 Prior Review: Prior Review Date: NA
I. Applicant Request: Upgrade Reason Change RE Code Change
Issues: See DD Form 293 submitted by the Applicant
II. Were Proper Discharge and Separation Authority procedures followed?
Tender Offer: NA
See Attachments: Legal Medical Minority Opinion Exhibits
III. Discharge Under Review
Unit CDR Recommended Discharge: Date: 000210
Discharge Received: Date: 000225 Chapter: 10 AR: 635-200
Reason: In Lieu of Trial by Court Martial RE: SPD: KFS Unit/Location: HQs, XVIII ABN Corps and Fort Bragg, Fort Bragg, NC
Time Lost: None
Article 15s (Charges/Dates/Punishment): None
Courts-Martial (Charges/Dates/Punishment): None
Counseling Records Available: Yes No
IV. Soldiers Overall Record
Age at current enlistment: 19
Current ENL Date: 970109 Current ENL Term: 4 Years ?????
Current ENL Service: 03 Yrs, 01Mos, 17Days ?????
Total Service: 03 Yrs, 01Mos, 17Days ?????
Previous Discharges: None
Highest Grade: E4 Performance Ratings Available: Yes No
MOS: 74C1P/Rec Telecomm Cen Op GT: 121 EDU: HS Grad Overseas: None Combat: None
Decorations/Awards: ASR
V. Post-Discharge Activity
City, State: Pinetop, AZ
Post Service Accomplishments: None Listed
VI. Facts, Circumstances, and Legal Basis for Separation
a. Facts and Circumstances:
The evidence of record shows that on 19 October 1999, the applicant was charged with having received a lawful command from a Captain, his superior commissioned officer, then know by the applicant to be his superior commissioned officer, to submit to the mandatory Anthrax vaccine immunization did willfully disobey the same (991019). On 1 February 2000, 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 submit a statement in his own behalf. The unit commander and intermediate commanders recommended approval of the Chapter 10 discharge with a general, under honorable conditions. On 16 February 2000, the separation authority approved the discharge with a characterization of service of under other than honorable conditions. 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 available 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 chain of command recommendation for a general, under honorable conditions discharge mitigated the discrediting entries in his service record. Accordingly, the analyst recommends to the Board that the applicants characterization of service be upgraded to fully honorable. However, the reason for discharge remains both proper and equitable. This action entails a restoration of grade to E-4.
VII. Summary of Army Discharge Review Board Hearing
Type of Hearing: Date: 17 October 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 characterization of service was too harsh based on the applicants length and quality of his service and as a result it is inequitable. Accordingly, the Board voted to grant relief in the form of an upgrade of the characterization of service to general, under honorable conditions. The Board determined that the reason for discharge was proper and equitable and voted not to change it.
IX. Board Decision
XI. Certification Signature
Board Vote: Approval Authority:
Character - Change 5 No change 0
Reason - Change 0 No change 5
(Board member names available upon request)
EDGAR J. YANGER
Colonel, U.S. Army
President, Army Discharge Review Board
Issue a new DD Form 214
Change Characterization to:
Change Reason to: No Change
Other: NA
RE Code:
Grade Restoration: No Yes Grade: E-4
ARMY DISCHARGE REVIEW BOARD - CASE REPORT AND DIRECTIVE
Case Number AR20070017615
______________________________________________________________________________
Page 1 of 2 pages
ARMY | DRB | CY2009 | AR20090011236
Facts and Circumstances: The evidence of record shows that on 14 May 2002, the unit commander notified the applicant of initiation of separation action under the provisions of Chapter 14, paragraph 14-12b, AR 635-200, by reason of misconduct-pattern of misconduct for displaying a pattern of misconduct and poor judgment, with a general, under honorable conditions discharge. The applicant consulted legal counsel, was advised of the impact of the discharge action, and did not submit a...
ARMY | DRB | CY2007 | AR20070012596
Applicant Request: Upgrade Reason Change RE Code Change Issues: See DD Form 293 and attached document submitted by the applicant. 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. Board Discussion, Determination, and Recommendation After carefully examining the...
ARMY | DRB | CY2008 | AR20080000198
Applicant Name: ????? On 21 June 2006, the separation authority waived further rehabilitative efforts and directed that the applicant be discharged with a characterization of service of general under honorable conditions. Board Action Directed President, Army Discharge Review Board Issue a new DD Form 214 Change Characterization to: Change Reason to: NA Other: NA RE Code: Grade Restoration: No Yes Grade: NA ARMY DISCHARGE REVIEW BOARD - CASE REPORT AND DIRECTIVE Case Number...
ARMY | DRB | CY2009 | AR20090006038
On 24 July 2008, the separation authority approved the discharge with a characterization of service of under other than honorable conditions. Accordingly, the Board voted to change the characterization of service to fully honorable. Board Action Directed President, Army Discharge Review Board Issue a new DD Form 214 Change Characterization to: Change Reason to: NA Other: NA RE Code: Grade Restoration: No Yes Grade: NA ARMY DISCHARGE REVIEW BOARD - CASE REPORT AND DIRECTIVE Case Number...
ARMY | DRB | CY2006 | AR20060014124
Original Character of Discharge Unit CDR Recommended Discharge: Date: NIF Discharge Received: Date: 051206 Chapter: 10 AR: 635-200 Reason: In Lieu of trial by Court Martial RE: SPD: KFS Unit/Location: US Army 82nd Replacement Detachment, 82nd Paratrooper Support Battalion, 82nd Airborne Division, Fort Bragg, NC 28310 Time Lost: AWOL, for a total of 1,552 days from (01/07/11-05/10/13). On 18 November 2005, the separation authority approved the discharge with an under other than honorable...
ARMY | DRB | CY2009 | AR20090004610
Applicant Name: ????? Board Discussion, Determination, and Recommendation After carefully examining the applicants record of service during the period of enlistment under review, hearing his testimony and considering the analysts recommendation and rationale, the Board determined that the discharge was both proper and equitable and voted to deny relief. Board Action Directed President, Army Discharge Review Board Issue a new DD Form 214 Change Characterization to: Change Reason to: No...
AF | DRB | CY2006 | AR20060016208
Facts and Circumstances: Evidence of record shows that the unit commander notified the applicant of initiation of separation action under the provisions of Chapter 14, AR 635-200, by reason of misconduct-for testing positive for the wrongful use of marijuana (020221-020320, assault (020422) and AWOL(020702-020728 and (020731-020813), with a under other than honorable condictions discharge. The intermediate commanders reviewed the proposed discharge action and recommended approval of the...
ARMY | DRB | CY2011 | AR20110012492
Applicant Name: ????? Facts and Circumstances: The evidence of record shows that on 25 November 2003, the unit commander notified the applicant of initiation of separation action under the provisions of Chapter 11, AR 635-200, by reason of entry level performance and conduct for failing to adapt to military life with an uncharacterized discharge. Board Action Directed Issue a new DD Form 214 Change Characterization to: Change Reason to: NA Other: NA RE Code: Grade Restoration: No Yes...
ARMY | DRB | CY2006 | Ar20060013140
Facts, Circumstances, and Legal Basis for Separation a. On 31 May 2006, the Deputy Assistant Secretary (Army Review Boards) approved the recommendation of the Army Ad Hoc Review Board and directed that the applicant be discharge with a characterization of service of under other than honorable conditions. 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: XI.
ARMY | DRB | CY2009 | AR20090007008
Applicant Name: ????? 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 characterization of service was too harsh based on the applicants length and quality of his service to include his combat service and the circumstances surrounding his misconduct and as a result it is inequitable. Board...