Applicant Name: ?????
Application Receipt Date: 2008/05/28 Prior Review: Prior Review Date: NA
I. Applicant Request: Upgrade Reason Change RE Code Change
Issues: See enclosed DD Form 293 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: 000608
Discharge Received: Date: 000721 Chapter: 10 AR: 635-200
Reason: In Lieu of Trial by Court-Martial RE: SPD: KFS Unit/Location: A Co, 5-3 FA Bn, Fort Sill, OK
Time Lost: AWOL for 50 days (991206-000124), surrendered.
Article 15s (Charges/Dates/Punishment): 990728, AWOL from (990206-990419), verbal reprimand for poor judgment (FG).
Courts-Martial (Charges/Dates/Punishment): None
Counseling Records Available: Yes No
IV. Soldiers Overall Record
Age at current enlistment: 34
Current ENL Date: 951130 Current ENL Term: 6 Years ?????
Current ENL Service: 04 Yrs, 07Mos, 22Days Item 12a on the DD Form 214, date entered active duty this period is incorrect, should read (951130), see enlistment contract.
Total Service: 14 Yrs, 02Mos, 01Days Includes 170 days of excess leave (000203-000721)
Previous Discharges: RA-860522-880929/HD
RA-880930-930505/HD
RA-930506-951129/HD
Highest Grade: E-6 Performance Ratings Available: Yes No
MOS: 63T30 Bradley Fighting Vehicle System Mech GT: 98 EDU: HS Grad Overseas: Korea (Prior Service) Combat: None
Decorations/Awards: AAM, NDSM, AGCM-3, NCOPDR-2, ASR, OSR-2
V. Post-Discharge Activity
City, State: Lawton, OK
Post Service Accomplishments: The applicant claims he has been working in Iraq since May 2006.
VI. Facts, Circumstances, and Legal Basis for Separation
a. Facts and Circumstances:
The evidence of record shows that on 26 January 2000, the applicant was charged with AWOL from (991206-000124). On 28 January 2000, 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 an under other than honorable conditions discharge. On 22 June 2000, 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 during the period of enlistment under review and the issues he submitted, the analyst found several mitigating factors that would merit a partial upgrade of the applicant's characterization of service to general, under honorable conditions. While, the analyst does not condone the applicants misconduct, there was a full consideration of all faithful and honorable service including the infractions of discipline, the extent thereof, and the seriousness of the offenses. The evidence in this case supports a conclusion that the characterization of service is too harsh, and as a result it is inequitable. The analyst found that the overall length and quality of the applicant's service, mitigated the discrediting entry in his service record. Accordingly, the analyst recommends to the Board that partial relief be granted in the form of an upgrade of the characterization of service to general, under honorable conditions. This action entails a restoration of grade to SSG/E-6.
Furthermore, by his misconduct, the applicant diminished the quality of his service below that meriting a fully honorable discharge. In view of the foregoing, the analyst determined that the reason for discharge was fully supported by the record and therefore, remains both proper and equitable.
VII. Summary of Army Discharge Review Board Hearing
Type of Hearing: Date: 18 March 2009 Location: Washington, DC
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 2 No change 3
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: None
ARMY DISCHARGE REVIEW BOARD - CASE REPORT AND DIRECTIVE
Case Number AR20080008420
______________________________________________________________________________
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