Applicant Name:
Application Receipt Date: 2008/05/21 Prior Review: Prior Review Date: NA
I. Applicant Request: Upgrade Reason Change RE Code Change
Issues: See DD Form 293 and attached documents 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: 960718
Discharge Received: Date: 960926 Chapter: 10 AR: 635-200
Reason: In Lieu of Trial by Court-Martial RE: SPD: KFS Unit/Location: A Btry, Personnel and Support Bn, U.S. Army Field Artillery Center, Fort Sill, OK
Time Lost: AWOL 56 days (960517-960711), surrendered
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: 27
Current ENL Date: 960124 Current ENL Term: 4 Years ?????
Current ENL Service: 0 Yrs, 06Mos, 07Days ?????
Total Service: 0 Yrs, 06Mos, 07Days includes 56 days excess leave (960517-960711)
Previous Discharges: ASR
Highest Grade: E-1 Performance Ratings Available: Yes No
MOS: None GT: 111 EDU: HS GRAD Overseas: None Combat: None
Decorations/Awards: ASR
V. Post-Discharge Activity
City, State: Albuquerque, NM
Post Service Accomplishments: None Listed
VI. Facts, Circumstances, and Legal Basis for Separation
a. Facts and Circumstances:
The evidence of record shows that on 17 July 1996, the applicant was charged with being AWOL (960517-960712). On 18 July 1996, 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 she understood that she 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 her own behalf. The unit commander recommended approval of the Chapter 10 request with an under other than honorable conditions discharge. On 4 September 1996, the separation authority approved the Chapter 10 request with an under other than honorable conditions discharge.
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 the applicants military records, and the issues submitted with the application, the analyst found that the characterization of service granted is too harsh and as a result inequitable. The analyst noted that the applicant was in entry-level status when she returned from a period of AWOL (i.e., she had completed less than 180 days of continuous active duty). The applicant states that she went AWOL when a family situation developed (i.e., her spouse abandoned their three children leaving no one else to care for them) which left her no choice but to return home. The applicant was charged with AWOL and while still in an entry-level status voluntarily requested discharge under the provisions of Chapter 10, AR 635-200, in lieu of trial by court-martial. In essence the applicants separation action was initiated while she was in an entry-level status and the command had the option to characterize her service under other than honorable conditions or to describe it as uncharacterized. Notwithstanding the propriety of the applicants discharge, the analyst recommends to the Board that the applicants service should now be described as uncharacterized. However, the reason for discharge remains both proper and equitable.
VII. Summary of Army Discharge Review Board Hearing
Type of Hearing: Date: 11 March 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, to include the extraordinary family circumstances which led to the applicant's AWOL and discharge from the Army, the Board determined that the characterization of service granted is inequitable. Notwithstanding the propriety of the applicants discharge, the Board concluded that the applicants service should now be described as uncharacterized. Accordingly, the Board voted to grant partial relief by changing the description of the applicants service to uncharacterized. The Board determined that the reason for discharge was both proper and equitable and voted not to change it.
IX. Board Decision
XI. Certification Signature
Board Vote: Approval Authority:
Character - Change 3 No change 2
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: NA
RE Code:
Grade Restoration: No Yes Grade: NA
ARMY DISCHARGE REVIEW BOARD - CASE REPORT AND DIRECTIVE
Case Number AR20080008141
______________________________________________________________________________
Page 1 of 3 pages
ARMY | DRB | CY2006 | AR20060014136
The commander reviewed the proposed discharge action and recommended approval of the separation action with a 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. Board Discussion, Determination, and Recommendation After carefully examining the applicants record of service during the period of...
ARMY | DRB | CY2008 | AR20080004745
Applicant Name: ????? On 30 January 1996, 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: ?????
ARMY | DRB | CY2006 | AR20060009858
Current ENL Service: 02 Yrs, 06Mos, 07Days ????? Legal Basis for Separation: Army Regulation 635-200 sets forth the basic authority for the separation of enlisted personnel. Certification Signature and Date Approval Authority: MARK E. COLLINS Colonel, U.S. Army President, Army Discharge Review Board Official: MARY E. SHAW DATE: 29 June 2007 Lieutenant Colonel, U.S. Army Chief, Secretary Recorder ARMY DISCHARGE REVIEW BOARD - CASE REPORT AND DIRECTIVE Case Number AR20060009858 Applicant...
ARMY | DRB | CY2008 | ar20080012285
Applicant Name: ????? On 13 December 2005, 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: No Change Other: NA RE Code: Grade Restoration: No Yes Grade: NA ARMY DISCHARGE REVIEW BOARD - CASE REPORT AND DIRECTIVE Case Number...
ARMY | DRB | CY2009 | AR20090008525
Applicant Name: ????? On 14 May 1998, 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...
ARMY | DRB | CY2009 | AR20090009097
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 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: NA Other: NA RE Code: Grade...
ARMY | DRB | CY2008 | AR20080004811
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 | CY2009 | AR20090015598
Applicant Name: ????? Current ENL Service: 01 Yrs, 01Mos, 07Days Records show that the applicant was ordered to Active Duty for Training (020826), which would make the applicant's Current ENL Service: 08 mos and 12 days. The analyst noted that the applicant did not submit an issue of equity or propriety to be considered by the board and the Army Discharge Review Board has not otherwise relied upon an issue of equity or propriety to change the applicant's discharge.
ARMY | DRB | CY2007 | AR20070014384
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. 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 Issue a new...
ARMY | DRB | CY2008 | AR20080009249
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 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: NA Other: NA RE Code: Grade...