Applicant Name: ?????
Application Receipt Date: 2008/02/13 Prior Review: Prior Review Date: NA
I. Applicant Request: Upgrade Reason Change RE Code Change
Issues: The applicant states, "I am applying for local law enforcement, but can not be certified with this discharge. I was also told that in 6 months after discharge if I had not got in trouble with the law that I could apply for an upgrade, it has been 4 years and I have not been in trouble."
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: 030611
Discharge Received: Date: 030628 Chapter: 10 AR: 635-200
Reason: In Lieu of Court-Martial RE: SPD: KFS Unit/Location: 104th Trans Co (Rear), Ft Benning, GA
Time Lost: AWOL for 333 days (020411-030310), mode of return unknown
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: 21
Current ENL Date: 020131 Current ENL Term: 03 Years ?????
Current ENL Service: 01 Yrs, 05 Mos, 24 Days ?????
Total Service: 03 Yrs, 10Mos, 20Days ?????
Previous Discharges: IADT 010116-010511/UNC
ARNG 001030-020130/HD
Highest Grade: E-3 Performance Ratings Available: Yes No
MOS: 88M/Motor Transport Opr GT: 96 EDU: HS Overseas: None Combat: None
Decorations/Awards: NDSM, ASR
V. Post-Discharge Activity
City, State: Dothan, AL
Post Service Accomplishments: None provided
VI. Facts, Circumstances, and Legal Basis for Separation
a. Facts and Circumstances:
The evidence of record shows that on 16 April 2003, the applicant was charged with being AWOL (020411-030310). On 4 June 2003, 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 submitted a statement in his own behalf. The unit commander recommended approval of the Chapter 10 request with an under other than honorable conditions discharge. On 13 June 2003, 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, 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 indicates that 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. Furthermore, the analyst noted the applicant's issue and determined that the applicant had many legitimate avenues through which to obtain assistance or relief, without committing the misconduct, which led to the separation action under review. Additionally, the Board does not grant relief solely for the purpose of gaining employment or enhancing employment opportunities. Therefore, the analyst determined 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 December 2008 Location: Washington, D.C.
Did the Applicant Testify? Yes No
Counsel: None
Witnesses/Observers: None
Exhibits Submitted: None
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
Colonel, U.S. Army
X. Board Action Directed President, Army Discharge Review Board
Issue a new DD Form 214
Change Characterization to:
Change Reason to: No Change
Other: No Change
RE Code:
Grade Restoration: No Yes Grade: NA
ARMY DISCHARGE REVIEW BOARD - CASE REPORT AND DIRECTIVE
Case Number AR20080002571
______________________________________________________________________________
Page 1 of 3 pages
ARMY | DRB | CY2009 | AR20090007714
Applicant Name: ????? Discharge Under Review Unit CDR Recommended Discharge: Date: 030310 Discharge Received: Date: 030402 Chapter: 10 AR: 635-200 Reason: In Lieu of Trial by Court-Martial RE: SPD: KFS Unit/Location: 13th Military Police Detachment, 25th Military Police Battalion, Schofield Barracks, HI Time Lost: None Article 15s (Charges/Dates/Punishment): None Courts-Martial (Charges/Dates/Punishment): None Counseling Records Available: Yes No IV. Board Action Directed President, Army...
ARMY | DRB | CY2007 | AR20070009654
Applicant Name: ????? On 9 July 2002, the separation authority approved the Chapter 10 request with an under other than honorable conditions discharge. Legal Basis for Separation: Army Regulation 635-200 sets forth the basic authority for the separation of enlisted personnel.
ARMY | DRB | CY2008 | AR20080019460
Applicant Name: ????? 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. Board Action Directed 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: None ARMY DISCHARGE REVIEW BOARD - CASE REPORT AND DIRECTIVE Case Number...
ARMY | DRB | CY2007 | AR20070017785
On 3 October 2002, the separation authority approved the Chapter 10 request with an under other than honorable conditions discharge. 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. Yes No Counsel: N/A Witnesses/Observers: N/A Exhibits Submitted: 1 VIII.
ARMY | DRB | CY2008 | AR20080019763
Applicant Name: ????? Facts and Circumstances: The evidence of record shows that on 21 September 2004, 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 failure to report x 12 between (040303-040811), and receiving a Summary Court-Martial, with an under other than honorable conditions discharge. The applicant consulted with legal counsel, was...
ARMY | DRB | CY2010 | AR20100016963
Applicant Request: Upgrade Reason Change RE Code Change Issues: The applicant states, in effect, that he is requesting an upgrade of his discharge because he was dealing with serious medical and mental issues at that time in his life. On 7 May 2002, the separation authority approved the discharge with an under other than honorable conditions discharge. It is also noted that the characterization of service for this type of discharge is normally under other than honorable conditions and the...
ARMY | DRB | CY2010 | AR20100016138
Applicant Request: Upgrade Reason Change RE Code Change Issues: The petitioner (mother) states for the former service member, in effect, that an honorable discharge is requested in order to receive a Military Service Marker. The analyst noted the issues submitted on behalf of the former service member and the documentation submitted with the application indicating he was diagnosed with post service PTSD. Yes No Counsel: NA Witnesses/Observers: NA Exhibits Submitted: The petitioner (mother)...
ARMY | DRB | CY2007 | AR20070006972C071116
On 27 March 2003, the separation authority approved the discharge with an under other than honorable conditions discharge. 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. Yes No Counsel: Witnesses/Observers: Exhibits Submitted: No VIII.
ARMY | DRB | CY2007 | AR20070006972C071116
On 27 March 2003, the separation authority approved the discharge with an under other than honorable conditions discharge. 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. Yes No Counsel: Witnesses/Observers: Exhibits Submitted: No VIII.
ARMY | DRB | CY2011 | AR20110016471
Applicant Name: ????? Army policy states that although an honorable or general, under honorable conditions discharge is authorized, a discharge under other than honorable conditions is normally considered appropriate. There is no evidence that the applicant was any less mature than other Soldiers of the same age who successfully completed military service.