Search Decisions

Decision Text

ARMY | DRB | CY2008 | AR20080010969
Original file (AR20080010969 .txt) Auto-classification: Denied
Applicant Name:  ?????

Application Receipt Date: 080702	Prior Review:     Prior Review Date: NA     

I.  Applicant Request:  Upgrade     Reason Change     RE Code Change    

Issues: See 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: 060815
Discharge Received: 			   Date: 060830   Chapter: 10      AR: 635-200
Reason: In Lieu of Trial by Court-Martial 	   RE:     SPD: KFS   Unit/Location: B Co., 1st BN, 50th IN, Ft. Benning, GA. 

Time Lost: AWOL for 185 days (060116-060718), surrendered.

Article 15s (Charges/Dates/Punishment): None

Courts-Martial (Charges/Dates/Punishment): None

Counseling Records Available: Yes    No 

IV.  Soldier’s Overall Record
Age at current enlistment:  19
Current ENL Date: 051114    Current ENL Term: 3 Years  00
Current ENL Service: 	00 Yrs, 03Mos, 14Days ?????
Total Service:  		00 Yrs, 10Mos, 29Days ?????
Previous Discharges: 	USAR-051031-060830/(Concurrent Service)
Highest Grade: E1		Performance Ratings Available: Yes    No 
MOS: 11B Infantryman   GT: 77   EDU: HS Grad   Overseas: None   Combat: None
Decorations/Awards: None

V.  Post-Discharge Activity
City, State:  Newbern, NC
Post Service Accomplishments: Not Listed.

VI.  Facts, Circumstances, and Legal Basis for Separation

       a.  Facts and Circumstances:
       The evidence of record shows that on 15 August 2006, the applicant was charged with being AWOL from (060116-060719).  On 24 July 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 veteran’s 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 15 August 2006, the separation authority approved the discharge with a characterization of service of under other than honorable conditions.  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 individual’s 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 applicant’s 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 shows 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.  Therefore, the analyst determined that 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: 090408         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 applicant’s record of service during the period of enlistment under review and considering the analyst’s 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: NA
Other: NA										
RE Code: 
Grade Restoration:   No   Yes   Grade: NA
ARMY DISCHARGE REVIEW BOARD - CASE REPORT AND DIRECTIVE

Case Number AR20080010969
______________________________________________________________________________


Page 1 of 2 pages

Similar Decisions

  • AF | DRB | CY2006 | AR20060015167

    Original file (AR20060015167.txt) Auto-classification: Denied

    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. Therefore, the analyst determined that the reason for discharge and the characterization...

  • AF | DRB | CY2007 | AR20070009954

    Original file (AR20070009954.txt) Auto-classification: Denied

    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. Certification Signature and Date Approval Authority: MARK E. COLLINS Colonel, U.S....

  • ARMY | DRB | CY2007 | AR20070009954aC071121

    On 24 November 2006, the separation authority approved the discharge with an under other than honorable conditions discharge. 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...

  • ARMY | DRB | CY2008 | AR20080013712

    Original file (AR20080013712.txt) Auto-classification: Denied

    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: Sergeant/E-5 ARMY DISCHARGE REVIEW BOARD - CASE REPORT AND DIRECTIVE Case Number...

  • ARMY | DRB | CY2008 | AR20080011044

    Original file (AR20080011044.txt) Auto-classification: Approved

    Applicant Name: ????? On 2 May 2006, the separation authority approved the discharge with characterization of service of under other than honorable conditions. The Board determined that the reason for discharge was proper and equitable and voted not to change it.

  • ARMY | DRB | CY2006 | AR20060012220

    Original file (AR20060012220.txt) Auto-classification: Denied

    Applicant Request Request: Upgrade Reason Change RE Code Change Issues: See DD Form 293. Facts, Circumstances, and Legal Basis for Separation a. His DD Form 214 indicates that he was discharged under the provisions of Chapter 10, AR 635-200, for the good of the service-in lieu of court-martial, with a characterization of service of under other than honorable conditions.

  • ARMY | DRB | CY2008 | AR20080008287

    Original file (AR20080008287.txt) Auto-classification: Denied

    Applicant Name: ????? On 3 April 2008, the separation authority approved the discharge with a characterization of service of under other than 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 | CY2006 | AR20060012218

    Original file (AR20060012218.txt) Auto-classification: Denied

    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 normally under other than honorable conditions and that the applicant was aware of that prior to requesting discharge. Board...

  • ARMY | DRB | CY2010 | AR20100000043

    Original file (AR20100000043.txt) Auto-classification: Denied

    Applicant Name: ????? The analyst noted the applicant's issues that he would like to have his reentry eligibility code changed to a 3 or a 2, so that he can reenlist back into the Army. Board Action Directed President, Army Discharge Review Board Issue a new DD Form 214 Change Characterization to: Change Reason to: No Change Other: No Change RE Code: Grade Restoration: No Yes Grade: No Change Legend: AWOL Absent Without Leave GCM General Court Martial NA Not applicable SCM Summary Court...

  • ARMY | DRB | CY2007 | AR20070014322

    Original file (AR20070014322.txt) Auto-classification: Denied

    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. Yes No Counsel: NA Witnesses/Observers: NA Exhibits Submitted: NA VIII.