Applicant Name: ?????
Application Receipt Date: 2008/08/14 Prior Review: Prior Review Date: NA
I. Applicant Request: Upgrade Reason Change RE Code Change
Issues: See DD Form 293 and supporting 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: 021209
Discharge Received: Date: 030210 Chapter: 10 AR: 635-200
Reason: In Lieu of Trial By Court-Martial RE: SPD: KFS Unit/Location: 515th Trans Co, Mannheim, GE
Time Lost: None
Article 15s (Charges/Dates/Punishment): None in file, however, the applicant attained the grade of E-4 and was charged as an E-1. The reduction in grade is not documented in the file.
Courts-Martial (Charges/Dates/Punishment): None
Counseling Records Available: Yes No
IV. Soldiers Overall Record
Age at current enlistment: 25
Current ENL Date: 980821 Current ENL Term: 4 Years 4 months
Current ENL Service: 04 Yrs, 05Mos, 19Days Extended at the Convenience of the Government
Total Service: 07 Yrs, 00Mos, 25Days ?????
Previous Discharges: RA 960116-980820/HD
Highest Grade: E-4 Performance Ratings Available: Yes No
MOS: 88M10/Mtr Tranp Opr GT: 99 EDU: HS Grad Overseas: Germany Combat: None
Decorations/Awards: AAM-2, AGCM, NDSM-2, ASR, OSR
V. Post-Discharge Activity
City, State: Richmond, VA
Post Service Accomplishments: None listed
VI. Facts, Circumstances, and Legal Basis for Separation
a. Facts and Circumstances:
The evidence of record shows that on 9 December 2002, the applicant was charged with violating a lawful general regulation by driving with a suspended license on two occasions (021011 and 021114), providing a false statement (021021), and with driving while drunk (021114). On 10 January 2003, 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 and senior intermediate commanders recommended approval of an under other than honorable conditions discharge. On 24 January 2003, the separation authority approved the discharge with a characterization of service of under other than honorable conditions.
The record contains two GOMORs dated 18 October 2002 and 19 December 2002.
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 available military records during the period of enlistment under review, the issues, and documents submitted with the application, the analyst recommends that the applicants characterization of service be upgraded to general, under honorable conditions. This recommendation was made after full consideration of the former soldiers faithful and honorable service, as well as the 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 noted that the overall length and quality of the applicant's service as documented by his prior honorable discharge and awards, mitigated the discrediting entries in the service record. Accordingly, the analyst recommends to the Board that the applicants characterization of service be upgraded to general, under honorable conditions. However, the reason for discharge remains both proper and equitable. This action does not entail a restoration of grade.
VII. Summary of Army Discharge Review Board Hearing
Type of Hearing: Date: 22 May 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 characterization of service was too harsh based on the applicants length and quality of his service, and as a result it is inequitable. Accordingly, the Board voted to grant relief in the form of an upgrade of the characterization of service to general, under honorable conditions. The Board determined that the reason for discharge was proper and equitable and voted not to change it.
IX. Board Decision
XI. Certification Signature
Board Vote: Approval Authority:
Character - Change 4 No change 1
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 AR20080012914
______________________________________________________________________________
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