Applicant Name: ?????
Application Receipt Date: 081015 Prior Review: Prior Review Date: 970813 5-0 No Change
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: NIF
Discharge Received: Date: 931013 Chapter: 5 AR: 635-120
Reason: In Lieu of Trial by Court-Martial RE: SPD: DFS Unit/Location: Co A, 19th Engr Bn, 194th Sep Armd Bde, Ft. Knox, KY
Time Lost: AWOL (930602-930629 surrendered; 930630 pretrial confinment; 931005-931013 discharged) total days AWOL 35 days.
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: 31
Current ENL Date: 910118 Current ENL Term: NA Years ?????
Current ENL Service: 2 Yrs, 7Mos, 19Days ?????
Total Service: 11 Yrs, 1Mos, 19Days ?????
Previous Discharges: RA821013-870111/HD
RA870110-910117/HD E6
Highest Grade: O-2 Performance Ratings Available: Yes No
MOS: 21B Combat Engineer GT: NIF EDU: College Grad BA Overseas: Korea (8801-8901; 9109-9209) Combat: None
Decorations/Awards: ARCOM-3, AAM-2, AGCM-2, NDSM, NCOPD, ASR, OSR-2,
V. Post-Discharge Activity
City, State: Chillicothe, OH
Post Service Accomplishments: Nothing provided by the Applicant.
VI. Facts, Circumstances, and Legal Basis for Separation
a. Facts and Circumstances:
The applicants record is void of the specific facts and circumstances concerning the events that led to the discharge from the Army. However, the record does contain a properly constituted DD Form 214 (Certificate of Release or Discharge from Active Duty), which was not authenticated by the applicants signature. The DD Form 214 indicates that the applicant was discharged under the provisions of Chapter 5, AR 635-120, for the good of the service in lieu trial by court-martial with a characterization of service of under other than honorable conditions. Furthermore, the DD Form 214 shows a Separation Code of DFS (i.e., for the good of the service-in lieu of court-martial). The record contains a memorandum of Resignation for the Good of the Service signed by the applicant stating his voluntarily resignation from the Army for good of the service. The applicant consulted with legal counsel, was advised of the impact of the discharge action, and did not submit a statement in his own behalf. On 8 September 1993 the Ad Hoc Review Board recommended that the applicants resignation be accepted with issuance of an under other than honorable conditions discharge. On 17 September 1993, the Deputy Assistant Secretary (DA Review Boards and Equal Employment Opportunity Compliance and Complaints Review) approved the recommendation of the Army Ad Hoc Review Board and directed that the applicant be discharged with a characterization of service of under other than honorable conditions.
The record contains a referred OER dated 930610.
b. Legal Basis for Separation:
Army Regulation 635-120 sets forth the basic authority for the separation of officer resignations and discharges. Chapter 5 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. A resignation for the good of the service is normally accepted as being under other than honorable conditions.
c. Response to Issues, Recommendation and Rationale:
After a careful review of the applicants 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 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: 090623 Location: Chicago, IL
Did the Applicant Testify? Yes No
Counsel: NA
Witnesses/Observers: NA
Exhibits Submitted: Yes
VIII. Board Discussion, Determination, and Recommendation
After carefully examining the applicants record of service during the period of enlistment under review, hearing his testimony 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 by changing the characterization of service to general under honorable conditions. 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 5 No change 0
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 AR20080016090
______________________________________________________________________________
Page 2 of 3 pages
ARMY | DRB | CY2006 | AR20060011599
On 6 September 2005, the Deputy Assistant Secretary (Army Review Boards) accepted the applicant's resignation, approved the recommendation of the Army Ad Hoc Review Board, and directed that the applicant be discharge with a characterization of service of under other than honorable conditions. Accordingly, the analyst determined that the applicant's reason for discharge and the characterization of service were both proper and equitable. Yes No Counsel: NA Witnesses/Observers: NA Exhibits...
ARMY | DRB | CY2008 | AR20080013860
On 11 July 1995, the Applicant consulted with legal counsel and voluntarily tendered his resignation from the service under the requested, in writing, discharge under the provisions of Chapter 5, AR 635-120, for the good of the Service in lieu of trial by a general court-martial or a board of officers. On 8 August 1995, 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...
ARMY | DRB | CY2008 | AR20080019453
On 16 October 1995, the Deputy Assistant Secretary (Army Review Boards/EEO Complaints) approved the recommendation of the Army Ad Hoc Review Board and directed that the applicant be discharge with a characterization of service of under other than honorable conditions. The appropriate authority approved the applicant's request and issuance of an under other than honorable conditions characterization of service. Board Action Directed President, Army Discharge Review Board Issue a new DD Form...
ARMY | DRB | CY2007 | AR20070004136aC071121
The Ad Hoc Review Board met, and on 6 September 2005, the Deputy Assistant Secretary (Army Review Boards) accepted the applicant resignation in lieu of elimination, approved the recommendation of the Army Ad Hoc Review Board, and directed that he be discharged from the U.S. Army with a characterization of service of under other than honorable conditions. The applicant's DD form 214 (Certificate of Release or Discharge from Active Duty) indicates that the applicant was discharged under...
AF | DRB | CY2007 | AR20070004136
Applicant Request Request: Upgrade Reason Change RE Code Change Issues: See applicant's attached DD Form 293 and supporting documents. The Ad Hoc Review Board met, and on 6 September 2005, the Deputy Assistant Secretary (Army Review Boards) accepted the applicant resignation in lieu of elimination, approved the recommendation of the Army Ad Hoc Review Board, and directed that he be discharged from the U.S. Army with a characterization of service of under other than honorable conditions. ...
ARMY | BCMR | CY2011 | AR20110005820
On 6 January 2009, the applicant consulted with legal counsel and voluntarily tendered his resignation from the Army in writing, under the provisions of Chapter 3, AR 600-8-24, for the good of the Service in lieu of trial by a general court-martial or a board of officers. On 4 May 2009, the Deputy Assistant Secretary (Army Review Boards) approved the recommendation of the Army Ad Hoc Review Board and directed the applicants discharge with a characterization of service of under other than...
ARMY | DRB | CY2010 | AR20100015212
On 15 August 2001, the applicant consulted with legal counsel and voluntarily tendered his resignation from the Army in writing, under the provisions of Chapter 3, paragraph 3-13, AR 600-8-24, for the good of the service-in lieu of trial by a general court-martial or appear before a board of officers. The Ad Hoc Review Board met; and on 4 October 2001, the Deputy Assistant Secretary (Army Review Boards) approved the recommendation of the Army Ad Hoc Review Board, accepted the applicant's...
ARMY | DRB | CY2006 | AR20060014108
Current ENL Service: 04 Yrs, 00 Mos, 00 Days Item 12e on DD Form 214, total prior inactive service is incorrect, should read 02 Yrs, 01 Mos, 4 Days. On 28 August 1992, the Ad Hoc Review Board recommended that the applicants resignation for the good of the service be accepted with issuance of an under other than honorable conditions discharge. Board Discussion, Determination, and Recommendation After carefully examining the applicants record of service during the term of service under...
ARMY | DRB | CY2006 | AR20060005711
On 15 December 1992, the Deputy Assistant Secretary (Army Review Boards) approved the recommendation of the Ad Hoc Review Board that resignation for the good of the service be accepted, and directed that the applicant be discharged from the Army with a characterization of service of under other than honorable conditions. c. Response to Issues, Recommendation and Rationale: After careful review of all the applicant's military records of service during the term under review and the issues he...
ARMY | DRB | CY2008 | AR20080017622
On 14 April 2005, 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 under other than honorable conditions. The appropriate authority approved the Applicant's request and issuance of an under other than honorable conditions characterization of service. Yes No Counsel: NA Witnesses/Observers: NA Exhibits Submitted: NA VIII.