Applicant Name: ?????
Application Receipt Date: 2008/10/22 Prior Review: Prior Review Date: 080702
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: NA
See Attachments: Legal Medical Minority Opinion Exhibits
III. Discharge Under Review
Unit CDR Recommended Discharge: Date: ?????
Discharge Received: Date: 000510 Chapter: 10 AR: 635-200
Reason: In Lieu of Trial by Court-Martial RE: SPD: KFS Unit/Location: B Co, 1/507 Inf, Ft Benning, GA
Time Lost: AWOL for 180 days (990706-000101), apprehended
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: 19
Current ENL Date: 980930 Current ENL Term: 03 Years ?????
Current ENL Service: 01 Yrs, 01 Mos, 11 Days Includes 125 days excess leave (000107-000510)
Total Service: 01 Yrs, 01 Mos, 11 Days ?????
Previous Discharges: None
Highest Grade: E-1 Performance Ratings Available: Yes No
MOS: None GT: 98 EDU: HS Overseas: None Combat: None
Decorations/Awards: None
V. Post-Discharge Activity
City, State: Anderson, CA
Post Service Accomplishments: See attached documents
VI. Facts, Circumstances, and Legal Basis for Separation
a. Facts and Circumstances:
The applicants record is void of the complete facts and circumstances concerning the events that led to his discharge from the Army. However, the evidence of record shows that on 5 August 1999, the applicant was charged with going AWOL (990706) on the initial DD Form 458 (Charge Sheet which was not completed), and the DD Form 616 (Report of Return of Absentee) indicates that the applicant was apprehended by civil authority (000102). Further, 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. His DD Form 214 indicates that he was discharged under the provisions of Chapter 10, AR 635-200, in lieu of trial by court-martial with a characterization of service of under other than honorable conditions. The DD Form 214 shows a Separation Code of KFS (i.e., in lieu of trial by court-martial) with a reentry eligibility (RE) code of "4." On 28 April 2000, Orders 119-0125, DA, HQ, US Army Field Artillery School and Fort Sill, Fort Sill, Oklahoma, discharged the applicant from the Regular Army, effective date: 10 May 2000.
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, the issue, and documents submitted with the application, the analyst found no mitigating factors that would merit an upgrade of the applicant's discharge. The evidence of record indicates that 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 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. Furthermore, the analyst noted the applicant's issue and determined that the applicant had many legitimate avenues through which to obtain assistance or relief, without committing the misconduct, which led to the separation action under review. Therefore, the analyst determined 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: 9 March 2009 Location: Washington, DC
Did the Applicant Testify? Yes No
Counsel: None
Witnesses/Observers: None
Exhibits Submitted: None
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 discharge was both proper and equitable, voted to deny relief.
IX. Board Decision
XI. Certification Signature
Board Vote: Approval Authority:
Character - Change 1 No change 4
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: No Change
RE Code:
Grade Restoration: No Yes Grade: NA
ARMY DISCHARGE REVIEW BOARD - CASE REPORT AND DIRECTIVE
Case Number AR20080017024
______________________________________________________________________________
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