Applicant Name: ?????
Application Receipt Date: 080609 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: ?????
See Attachments: Legal Medical Minority Opinion Exhibits
III. Discharge Under Review
Unit CDR Recommended Discharge: Date: 080404
Discharge Received: Date: 080506 Chapter: 10 AR: 635-200
Reason: In Lieu of Trial By Court-Martial RE: SPD: KFS Unit/Location: Able Troop, WTB, WMRAC, Washington, DC
Time Lost: None
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: 23
Current ENL Date: 050616 Current ENL Term: 02 Years 16 Weeks (The applicant's Enlisted Records Brief shows the applicant's ETS as (090213)).
Current ENL Service: 02 Yrs, 10Mos, 21Days ?????
Total Service: 02 Yrs, 10Mos, 21Days ?????
Previous Discharges: None
Highest Grade: E4 Performance Ratings Available: Yes No
MOS: 11B10/Infantryman GT: 137 EDU: HS Grad Overseas: Southwest Asia Combat: Iraq (060817-071029)
Decorations/Awards: NDSM, GWOTSM, ICM, ASR, CIB
V. Post-Discharge Activity
City, State:
Post Service Accomplishments: None Listed
VI. Facts, Circumstances, and Legal Basis for Separation
a. Facts and Circumstances:
The applicant's record is void of the DD Form 458 (Charge Sheet), however, the applicant's Request for Discharge in Lieu of Trial by Court-Martial shows that he was charged with wrongful possession/opiates, wrongful distribution/opiates, and false official statement. On 26 March 2008, 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 submit a statement in his own behalf. The unit commander and intermedicate commander recommended approval of an under other than honorable conditions discharge. On 28 April 2008, 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.
DD Form 2808 "Report of Medical Examination", dated 1 May 2008, found in the applicant's available records makes reference to in item 77 "Summary of Defects and Diagnoses" of Major Depression/PTSD, Post Concussion Syndrome, Tremor, and Gastroesophageal Reflux Disease (GERD).
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 issue he submitted, the analyst recommends that the applicants characterization of service be upgraded to general, under honorable conditions. This recommendation was made after full consideration of his faithful and honorable service, as well as his record of misconduct. The evidence in this case supports a conclusion that the applicants characterization of service was too harsh, and as a result it is inequitable. While the applicant's misconduct is not condoned, the analyst found that the length of the applicant's service, to include his combat service, and the circumstances surrounding the discharge, mitigated the discrediting entries in his service record. However, the analyst determined that the reason for discharge was both proper and equitable. This action entails a restoration of grade to SPC/E-4.
VII. Summary of Army Discharge Review Board Hearing
Type of Hearing: Date: 20 October 2008 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
Issue a new DD Form 214 Colonel, U.S. Army
Change Characterization to: President, Army Discharge Review Board
Change Reason to:
Other: NA
RE Code:
Grade Restoration: No Yes Grade: NA
ARMY DISCHARGE REVIEW BOARD - CASE REPORT AND DIRECTIVE
Case Number AR20080009255
______________________________________________________________________________
Page 1 of 3 pages
ARMY | DRB | CY2008 | AR20080011243
Applicant Name: ????? On 2 March 2000, the separation authority approved the Chapter 10 request with an 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.
ARMY | DRB | CY2008 | AR20080002108
Were Proper Discharge and Separation Authority procedures followed? On 7 May 2007, the Deputy Assistant Secretary (Army Review Boards) approved the recommendation of the Army Ad Hoc Review Board and directed that the applicant be discharged with a characterization of service of general, under honorable conditions. The applicants discharge was appropriate because the quality of her service was not consistent with the Army's standards for acceptable personal conduct and performance of duty...
ARMY | DRB | CY2007 | AR20070009993
The memorandum further indicates that the applicant's request was disapproved, and his defense counsel requested reconsideration of the applicant's request for separation in lieu of courts-martial. 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...
ARMY | DRB | CY2008 | AR20080008838
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 | CY2008 | AR20080011956
Applicant Name: ????? On 12 October 2006, the separation authority waived further rehabilitative efforts and directed that the applicant be discharged with a characterization of service of general, under honorable conditions. 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 | AR20080009851
Legal Basis for Separation: Army Regulation 635-200 sets forth the basic authority for the separation of enlisted personnel. Furthermore, the record shows that the separation authority approved the applicant's discharge under the provision of Chapter 10, AR 635-200, in lieu of trial by court martial with an under other than honorable conditions characterization of service. Board Action Directed President, Army Discharge Review Board Issue a new DD Form 214 Change Characterization...
ARMY | DRB | CY2008 | AR20080005497
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: NA Other: NA RE Code: Grade Restoration: No Yes Grade:...
ARMY | DRB | CY2009 | AR20090012566
Applicant Name: ????? Yes No Counsel: NA Witnesses/Observers: NA Exhibits Submitted: The applicant submitted the following documents: Self-Authored Statement; Letter from the Applicant's Parents, dated (090611); Four (4) Supporting Statements; DD Form 214, dated (080429); and Four (4) Pages of Photos. Accordingly, the Board voted to change the characterization of service to fully honorable.
ARMY | DRB | CY2009 | AR20090006115
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 | CY2008 | AR20080000603
Applicant Name: ????? Application Receipt Date: 080107 Prior Review: Prior Review Date: NA I. 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.