Applicant Name: ?????
Application Receipt Date: 2008/04/15 Prior Review: Prior Review Date: NA
I. Applicant Request: Upgrade Reason Change RE Code Change
Issues: The Applicant states that he is considering rejoining the military and that he would like an upgrade to a general discharge for better employment. He provides a criminal background check and a reference letter for the Board's consideration.
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: 060413
Discharge Received: Date: 060717 Chapter: 10 AR: 635-200
Reason: In Lieu of Trial By Court-Martial RE: SPD: KFS Unit/Location: A Co, 6-32 FA Bn MLRS), Fort Sill, OK
Time Lost: 147 days, AWOL (051115-060410), surrendered.
Article 15s (Charges/Dates/Punishment): None in file. However, the record shows that during the AWOL returnee interview, the 1SG recorded that the applicant had received a FG Article 15 for a positive urinalysis.
Courts-Martial (Charges/Dates/Punishment): None
Counseling Records Available: Yes No
IV. Soldiers Overall Record
Age at current enlistment: 19
Current ENL Date: 030627 Current ENL Term: 4 Years ?????
Current ENL Service: 02 Yrs, 07Mos, 25Days ?????
Total Service: 02 Yrs, 07Mos, 25Days ?????
Previous Discharges: None
Highest Grade: E-4 Performance Ratings Available: Yes No
MOS: 92F10/Petroleum Supply Spc GT: 98 EDU: GED Overseas: Korea Combat: None
Decorations/Awards: NDSM, GWOTSM, KDSM, ASR
V. Post-Discharge Activity
City, State: Fayetteville, NC
Post Service Accomplishments: None listed
VI. Facts, Circumstances, and Legal Basis for Separation
a. Facts and Circumstances:
The evidence of record shows that on 13 April 2006, the applicant was charged with being AWOL (051115-060410). On 14 April 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 unit commander recommended approval of the Chapter 10 request with an under other than honorable conditions discharge. On 19 January 2007, 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 submitted with the application, 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. The analyst noted the applicant's issue; however, the Board does not grant relief solely for the purpose of gaining employment or enhancing employment opportunities. Furthermore, at the time of discharge the applicant was appropriately assigned a reentry eligibility (RE) code of 4. An RE code of 4 cannot be waived and the applicant is no longer eligible for reenlistment. 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: 6 February 2009 Location: Washington, D.C.
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 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: NA
Other: NA
RE Code:
Grade Restoration: No Yes Grade: NA
ARMY DISCHARGE REVIEW BOARD - CASE REPORT AND DIRECTIVE
Case Number AR20080005819
______________________________________________________________________________
Page 1 of 3 pages
ARMY | DRB | CY2008 | AR20080014116
Applicant Name: ????? c. Response to Issues, Recommendation and Rationale: After a careful review of all the applicants military records, and the issue submitted with the application, the analyst found no mitigating factors that would merit an upgrade of the applicant's 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...
ARMY | DRB | CY2006 | AR20060016242
Legal Basis for Separation: Army Regulation 635-200 sets forth the basic authority for the separation of enlisted personnel. The request may be submitted at any time after charges have been preferred and must include the individual's admission of guilt. 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.
ARMY | DRB | CY2008 | AR20080010040
On 30 August 2006, the separation authority approved the Chapter 10 request 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. Board Action Directed President, Army Discharge Review Board Issue a new DD Form...
ARMY | DRB | CY2009 | AR20090016546
Applicant Name: ????? Yes No Counsel: NA Witnesses/Observers: NA Exhibits Submitted: DD Form 214 for the period of service under review. 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 Legend: AWOL Absent Without Leave GCM General Court Martial NA Not applicable SCM Summary Court Martial BCD Bad Conduct Discharge GD General Discharge NIF Not in the...
ARMY | DRB | CY2008 | AR20080012689
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: NA Other: NA RE Code: Grade Restoration: No Yes Grade: NA ARMY DISCHARGE REVIEW BOARD - CASE REPORT AND DIRECTIVE Case Number...
ARMY | DRB | CY2008 | AR20080015649
Applicant Name: ????? Applicant Request: Upgrade Reason Change RE Code Change Issues: The Applicant states in effect: "I received a Chapter 10, Other Than Honorable discharge for the allegation of theft. 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.
ARMY | DRB | CY2009 | AR20090007512
Applicant Name: ????? The applicant's chain of command's recommendation for approval of the Chapter 10 request with an under other than honorable conditions discharge is not contained in the available record and the analyst presumed government regularity in the discharge process. 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...
ARMY | DRB | CY2008 | AR20080001423
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. 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 President, Army Discharge Review Board Issue a new DD Form 214 Change...
ARMY | DRB | CY2009 | AR20090003043
Applicant Name: ????? 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 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:...
ARMY | DRB | CY2009 | AR20090012008
Applicant Name: ????? Applicant Request: Upgrade Reason Change RE Code Change Issues: Applicant states his medical condition precluded his return to duty and that he went AWOL due to his medical condition. 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.