Search Decisions

Decision Text

ARMY | DRB | CY2008 | AR20080003461
Original file (AR20080003461.txt) Auto-classification: Denied
Applicant Name: ?????

Application Receipt Date: 080303	

Prior Review    Prior Review Date: None

I.  Applicant Request
Request:  Upgrade     Reason Change     RE Code Change    

Issues: See enclosed 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: 990713
Discharge Received:     Date: 000510   
Chapter: 10    AR: 635-200
Reason: In Lieu of Trial by Court-Martial
RE:     SPD: KFS
Unit/Location: Company B, 1st Battalion, 505th PIR, Fort Bragg, NC 28307-5100 

Time Lost: AWOLx 1 for 46 days (981027-981212).  He surrendered to the military authorities at Fort Knox, KY. 

Article 15s (Charges/Dates/Punishment): None

Court-Martials (Charges/Dates/Punishment): None

Counseling Records Available: Yes    No 

IV.  Soldier’s Overall Record
Year/Month:  1978/03  
HOR City, State: Kenosha, WI 
Current ENL Date: 980218    Current ENL Term: 4 Years  17 Weeks
Current ENL Service: 2 Yrs, 1 Mos, 6 Days The applicant was placed on excess leave for a total of 511 days from (981217-000510). 
Total Service:  2 Yrs, 1 Mos, 6 Days ?????
Previous Discharges: None
Highest Grade: E-2
Performance Ratings Available: Yes    No 
MOS: 11B1P Infantryman   GT: 117   EDU: HS Grad   Overseas: None   Combat: None
Decorations/Awards: ASR, PB

V.  Post-Discharge Activity
Post Service Accomplishments: See enclosed DD Form 293 and attached documents submitted by the applicant.

VI.  Facts, Circumstances, and Legal Basis for Separation

      a.  Facts and Circumstances:
      The evidence of record shows that on 16 December 1998, the applicant was charged with AWOL (981027-981213).  On 16 December 1998, 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 veteran’s benefits.  The applicant submitted a statement in his own behalf; however, that statement is not part of the available record.  The unit commander recommended approval of an under other than honorable conditions discharge.  On 1 September 1999, 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. 

      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 for the period of enlistment under review, the issue and documents he submitted, the analyst found several mitigating factors that would merit an upgrade of the applicant's characterization of service to general, under honorable conditions.  The analyst does not condone the applicant’s misconduct; however, determined that the characterization of service is too harsh and as a result it is now inequitable.  The analyst found that the circumstances surrounding the discharge, his post service accomplishments and the time that has elapsed since his discharge mitigated the discrediting entry in his service record.  Accordingly, the analyst recommends to the Board that the characterization of service be upgraded to general, under honorable conditions.  However, the analyst determined that the reason for discharge was both proper and equitable.  This action entails a restoration of grade to PV2/E-2.  

VII.  Summary of Army Discharge Review Board Hearing 

Type of Hearing: 			Date: 21 July 2008              
Location: Washington, DC

Did the Applicant Testify?  Yes     No  

Counsel: ?????

Witnesses/Observers: None 

Exhibits Submitted: The applicant submitted three additional documents in support of his hearing.




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 5    No change 0   - Character
		 			      Change 0    No change 5   - Reason
					      (Board member names available upon request)

IX.  Board Discussion, Determination, and Recommendation
After carefully examining the applicant’s record of service during the period of enlistment under review, hearing his testimony and considering the analyst’s recommendation and rationale, the Board determined that the characterization of service was too harsh and as a result, it is now inequitable.  Accordingly, the Board voted to grant partial relief in the form of an upgrade of the characterization of service to general, under honorable conditions.  However, the Board determined that the reason for discharge and the reentry eligibility (RE) code was both proper and equitable, and voted not to change it.  






















								        
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: PV2/E-2

XI.  Certification Signature and Date
Approval Authority: 

MARK E. COLLINS
Colonel, U.S. Army
President, Army Discharge Review Board

Official: 


CHRISTINE U. MARTINSON			DATE: 25 July 2008
Lieutenant Colonel, U.S. Army
Chief, Secretary Recorder
ARMY DISCHARGE REVIEW BOARD - CASE REPORT AND DIRECTIVE

Case Number AR20080003461
______________________________________________________________________


Page 1 of 5 pages

Similar Decisions

  • ARMY | DRB | CY2007 | AR20070009955

    Original file (AR20070009955.txt) Auto-classification: Denied

    Applicant Request Request: Upgrade Reason Change RE Code Change Issues: See DD Form 293 and attached documents submitted by the applicant. His DD Form 214 indicates that he was discharged under the provisions of Chapter 10, AR 635-200, in lieu of trial by court-martial with a characterization of service of under other than honorable conditions. The DD Form 214 shows a Separation Code of KFS (i.e., in lieu of trial by court-martial) with a reentry eligibility (RE) code of "4."

  • ARMY | DRB | CY2008 | AR20080004736

    Original file (AR20080004736.txt) Auto-classification: Approved

    Applicant Name: ????? Applicant Request Request: Upgrade Reason Change RE Code Change Issues: See DD Form 293 and attached document submitted by the applicant. c. Response to Issues, Recommendation and Rationale: After a careful review of all the applicant’s available military records during the period of enlistment under review, the issues and documents he submitted, the analyst found several mitigating factors that would merit a partial upgrade of the applicant's characterization of...

  • ARMY | DRB | CY2006 | AR20060015442

    Original file (AR20060015442.txt) Auto-classification: Denied

    Current ENL Service: 00 Yrs, 06 Mos, 20 Days ????? 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 | DRB | CY2008 | AR20080017024

    Original file (AR20080017024.txt) Auto-classification: Denied

    Applicant Name: ????? His DD Form 214 indicates that he was discharged under the provisions of Chapter 10, AR 635-200, in lieu of trial by court-martial with a characterization of service of under other than honorable conditions. Board Discussion, Determination, and Recommendation After carefully examining the applicant’s record of service during the period of enlistment under review, hearing his testimony and considering the analyst’s recommendation and rationale, the Board determined...

  • ARMY | DRB | CY2006 | AR20060010450

    Original file (AR20060010450.txt) Auto-classification: Denied

    Legal Basis for Separation: Army Regulation 635-200 sets forth the basic authority for the separation of enlisted personnel. 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 Discussion, Determination, and Recommendation After carefully examining the applicant’s record of service during the period of enlistment under review, hearing...

  • ARMY | DRB | CY2006 | AR20060010216

    Original file (AR20060010216.txt) Auto-classification: Approved

    Applicant Request Request: Upgrade Reason Change RE Code Change Issues: See applicant's attached DD Form 293. 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 several mitigating factors that would merit an upgrade of the characterization of service to general under honorable conditions. Board Discussion, Determination, and Recommendation After carefully examining the...

  • ARMY | DRB | CY2006 | AR20060013367

    Original file (AR20060013367.txt) Auto-classification: Denied

    Current ENL Service: 1 Yrs, 11 Mos, 4Days The applicant was placed on excess leave for a total of 104 days from (050708-051019). 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...

  • ARMY | DRB | CY2006 | AR20060016798

    Original file (AR20060016798.txt) Auto-classification: Denied

    Yes No Counsel: No Witnesses/Observers: No Exhibits Submitted: None VIII. Accordingly, the Board voted to grant relief in the form of an upgrade of the characterization of service to fully honorable and a change to the narrative reason for separation to Secretarial Authority. Certification Signature and Date Approval Authority: MARK E. COLLINS Colonel, U.S. Army President, Army Discharge Review Board Official: MARY E. SHAW DATE: 21 May 2007 Lieutenant Colonel, U.S. Army Chief, Secretary...

  • ARMY | DRB | CY2006 | AR20060009218

    Original file (AR20060009218.txt) Auto-classification: Denied

    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. It is also noted that the characterization of service for this type of discharge is...

  • ARMY | DRB | CY2009 | AR20090010759

    Original file (AR20090010759.txt) Auto-classification: Denied

    Applicant Name: ????? The separation authority approved the Chapter 10 request with an under other than honorable conditions discharge. 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 AR20090010759 ______________________________________________________________________________ Page 1...