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. Soldiers 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 veterans 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 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 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 applicants 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 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 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
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