Search Decisions

Decision Text

ARMY | DRB | CY2009 | AR20090007305
Original file (AR20090007305.txt) Auto-classification: Denied
Applicant Name:  ?????

Application Receipt Date: 2009/03/30	Prior Review:     Prior Review Date: NA     

I.  Applicant Request:  Upgrade     Reason Change     RE Code Change    

Issues: See DD Form 293 and attached document 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: 	NIF   Date: NIF
Discharge Received: 			   Date: 970225   Chapter: 10       AR: 635-200
Reason: In Lieu of Trial by Court-Martial	   RE:     SPD: KFS   Unit/Location: HHC, 1st Bde, Fort Wainwright, AK 

Time Lost: None

Article 15s (Charges/Dates/Punishment): NIF

Courts-Martial (Charges/Dates/Punishment): NIF

Counseling Records Available: Yes    No 

IV.  Soldier’s Overall Record
Age at current enlistment:  23
Current ENL Date: 940614    Current ENL Term: 3 Years  10 months extension
Current ENL Service: 	02 Yrs, 08Mos, 12Days ?????
Total Service:  		07 Yrs, 05Mos, 07Days ?????
Previous Discharges: 	RA-890919-920812/HD
                                       RA-920813-940613/HD
Highest Grade: E-5		Performance Ratings Available: Yes    No 
MOS: 14S1P Avenger Crewmember   GT: NIF   EDU: HS Grad   Overseas: Alaska/Southwest Asia   Combat: Saudi Arabia (Dates NIF)
Decorations/Awards: AAM-4, AGCM, NDSM, SWASM-W/2 BSS, ASR, KLM-SA, KLM-KU

V.  Post-Discharge Activity
City, State:  San Antonio, TX 
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 specific facts and circumstances concerning the events that led to a 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 authenticated by the applicant’s signature.  The DD Form 214 indicates that the applicant was discharged under the provisions of Chapter 10, AR 635-200, for the good of the service-in lieu of 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 KFS (i.e., for the good of the service-in lieu of trial by court-martial), with a reentry eligibility (RE) code of "3."  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 available military records during the period of enlistment under review, the issues and document he submitted, the analyst found no mitigating factors that would merit an upgrade of the applicant's discharge.  The applicant’s record is void of the specific facts and circumstances concerning the events that led to a discharge from the Army.  However, the record does contain a properly constituted DD Form 214, Certificate of Release or Discharge from Active Duty, which not authenticated by the applicant signature.  This document identifies the reason and characterization of the discharge and the analyst presumed Government regularity in the discharge process.  The evidence of record shows the applicant was discharged under the provisions of Chapter 10, AR 635-200, for the good of the service-in lieu of trial by court-martial, with a characterization of service of under other than honorable conditions.  In connection with such a discharge, the applicant was charged with the commission of an offense punishable under the Uniform Code of Military Justice (UCMJ) with a punitive discharge.  Procedurally, the applicant was required to consult with defense counsel and to voluntarily, and in writing, request 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. Barring evidence to the contrary, the analyst was satisfied that all 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 would have been aware of that prior to requesting discharge.  
       
       Furthermore, the analyst noted the applicant's issue, even though an isolated incident, the discrediting entry constituted a departure from the standards of conduct expected of Soldiers in the Army.  The applicable Army regulation states that there are circumstances in which the conduct or performance of duty reflected by an isolated incident provides the basis for a characterization.  The analyst having examined all the available circumstances determined that the applicant's isolated incident of misconduct did indeed adversely affect the quality of service, brought discredit on the Army, and was prejudicial to good order and discipline.  This isolated incident of misconduct clearly diminished the quality of the applicant's service below that meriting a general, under honorable conditions discharge.  Further, the analyst acknowledges the applicant's successful transition to civilian life and the accomplishments outlined with the application.  However, in review of the applicant’s available service record, the analyst found that these accomplishments did not overcome the reason for discharge and characterization of service granted.  Also, the Board does not grant relief solely for the purpose of gaining employment or enhancing employment opportunities.  Additionally, at the time of discharge the applicant was appropriately assigned a reentry eligibility (RE) code of “3.”  If the applicant desires to reenlist, he should contact the local recruiter to determine his eligibility to reenlist.  Those individuals can best advise a former service member as to the needs of the Army at the time, and are required to process waivers of reentry eligibility (RE) codes. 
       
        Finally, the analyst determined that the applicant’s Official Military Personnel File (OMPF) does not contain all the specific documents that would indicate the reason for the separation action from the United States Army.  If the applicant desires to appear before a personal appearance Board, the burden of proof remains with the former Soldier to provide the appropriate documents or other evidence sufficient to explain the facts, circumstances, and reasons underlying the separation action, for the Board’s consideration.  In view of the foregoing, 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: 20 January 2010         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: No Change
Other: NA										
RE Code: 
Grade Restoration:   No   Yes   Grade: None
ARMY DISCHARGE REVIEW BOARD - CASE REPORT AND DIRECTIVE

Case Number AR20090007305
______________________________________________________________________________

Page 1 of 3 pages

Similar Decisions

  • ARMY | DRB | CY2009 | AR20090000682

    Original file (AR20090000682.txt) Auto-classification: Denied

    Applicant Request: Upgrade Reason Change RE Code Change Issues: See DD Form 293 and attached documents submitted by the Applicant. The DD Form 214 indicates that the applicant was discharged under the provisions of Chapter 10, AR 635-200, for the good of the service-in lieu of trial by court-martial, with a characterization of service of under other than honorable conditions. This isolated incident of misconduct clearly diminished the quality of the applicant's service below that meriting...

  • ARMY | DRB | CY2012 | AR20120005980

    Original file (AR20120005980.txt) Auto-classification: Denied

    Applicant Name: ????? Discharge Under Review Unit CDR Recommended Discharge: NIF Date: NIF Discharge Received: Date: 070425 Chapter: 10 AR: 635-200 Reason: In Lieu of Trial by Court-Martial RE: SPD: KFS Unit/Location: C Btry, 1-182nd FA Bn, Fort Dix, NJ Time Lost: AWOL for 123 days (061109-070311), apprehended. 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...

  • ARMY | DRB | CY2009 | AR20090013355

    Original file (AR20090013355.txt) Auto-classification: Denied

    Applicant Name: ????? Furthermore, the DD Form 214 shows a Separation Code of KFS (i.e., for the good of the Service-in lieu of trial by court-martial) with a reentry eligibility (RE) code of "3." 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.

  • ARMY | BCMR | CY2011 | AR20110022446

    Original file (AR20110022446.txt) Auto-classification: Denied

    Applicant Name: ????? The DD Form 214 indicates the applicant 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 applicable Army regulation states that there are circumstances in which the conduct or performance of duty reflected by a single incident provides the basis for a characterization.

  • ARMY | DRB | CY2009 | AR20090012101

    Original file (AR20090012101.txt) Auto-classification: Denied

    Applicant Request: Upgrade Reason Change RE Code Change Issues: Applicant states, in effect his misconduct was an isolated incident. The DD Form 214 indicates that the applicant was discharged under the provisions of Chapter 10, AR 635-200, for the good of the Service in lieu of trial by court-martial with a characterization of service of under other than honorable conditions. The applicable Army regulation states that there are circumstances in which the conduct or performance of duty...

  • ARMY | DRB | CY2010 | AR20100010030

    Original file (AR20100010030.txt) Auto-classification: Denied

    Applicant Name: ????? Applicant Request: Upgrade Reason Change RE Code Change Issues: The applicant states, in effect, that he requests an upgrade of his discharge fully honorable discharge, and change the reentry eligibility (RE) code. The narrative reason specified by Army Regulations for a discharge under this paragraph is "In Lieu of Trial by Court-Martial," the separation code is "KFS," and the reentry code is "RE 4."

  • ARMY | DRB | CY2009 | AR20090008538

    Original file (AR20090008538.txt) Auto-classification: Denied

    Applicant Name: ????? Application Receipt Date: 2009/04/28 Prior Review: Prior Review Date: NA I. 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: None ARMY DISCHARGE REVIEW BOARD - CASE REPORT AND DIRECTIVE Case Number AR20090008538 ______________________________________________________________________________ Page 1 of 3 pages

  • ARMY | DRB | CY2006 | AR20060006032

    Original file (AR20060006032.txt) Auto-classification: Denied

    Applicant Request Request: Upgrade Reason Change RE Code Change Issues: See DD Form 293 and attached documents. Current ENL Service: 00 Yrs, 06 Mos, 12 Days ????? 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.

  • ARMY | DRB | CY2010 | AR20100022383

    Original file (AR20100022383.txt) Auto-classification: Denied

    Applicant Name: ????? On 14 May 2009, 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 | CY2010 | AR20100016821

    Original file (AR20100016821.txt) Auto-classification: Denied

    Facts, Circumstances, and Legal Basis for Separation a. It is also noted that the characterization of service for this type of discharge is normally under other than honorable conditions and the applicant was aware of it prior to requesting discharge. Yes No Counsel: None Witnesses/Observers: NA Exhibits Submitted: DD Form 293 dated 25 May 2010.