Applicant Name: ?????
Application Receipt Date: 2009/04/19 Prior Review: Prior Review Date: NA
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: NIF
Discharge Received: Date: 030918 Chapter: 10 AR: 635-200
Reason: In Lieu of Trial by Court-Martial RE: SPD: KFS Unit/Location: C Co, 704th DSB, DSC, 4th Inf Div (Mech), Tikrit, Iraq
Time Lost: None
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: 22
Current ENL Date: 020107 Current ENL Term: 03 Years ?????
Current ENL Service: 01 Yrs, 08Mos, 12Days ?????
Total Service: 01 Yrs, 08Mos, 12Days ?????
Previous Discharges: None
Highest Grade: E3 Performance Ratings Available: Yes No
MOS: 63H10/Track Veh Repairer GT: NIF EDU: GED Overseas: Southwest Asia Combat: Iraq (Period of service not found in the available records).
Decorations/Awards: NDSM, ASR
V. Post-Discharge Activity
City, State: ?????
Post Service Accomplishments: None Listed
VI. Facts, Circumstances, and Legal Basis for Separation
a. Facts and Circumstances:
The evidence of record shows that on 6 August 2003, the applicant was charged with committing an assault on another Soldier by pointing at him with a dangerous weapon, to wit: a loaded firearm 29 June 2003. On 8 August 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 she understood that she 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 submit a statement in her own behalf. The applicant's chain of command's recommendations are not contained in the available record and the analyst presumed government regularity in the discharge process. On 16 August 2003, the separation authority approved the discharge with an under other than honorable conditions discharge. 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 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 during the period of enlistment under review, the issues and documents she submitted, the analyst found several mitigating factors that would warrant a upgrade of the applicant's characterization of service to general, under honorable conditions. While, the analyst does not condone the applicants misconduct, there was a full consideration of all service including the infractions of discipline, the extent thereof, and the seriousness of the offenses. The evidence in this case supports a conclusion that the characterization of service is too harsh, and as a result it is inequitable. The analyst found that the applicant's failure to perform in accordance with Army standards was mitigated by service of sufficient length and quality to warrant an upgrade of the discharge being reviewed. Accordingly, the analyst recommends to the Board that relief be granted in the form of an upgrade of the characterization of service to general, under honorable conditions. However, the reason for discharge remains both proper and equitable. This action entails a restoration of grade to PFC/E-3.
VII. Summary of Army Discharge Review Board Hearing
Type of Hearing: Date: 10 August 2009 Location: Washington, DC
Did the Applicant Testify? Yes No
Counsel: None
Witnesses/Observers: Mr. W/Battle Buddy
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 her testimony, and considering the analysts recommendation and rationale, the Board determined that the characterization of service was too harsh and as a result, it is inequitable. The Board does not condone the applicants misconduct; however, determined that the length of the applicants service to include her combat service, mitigated the discrediting entry in her service record. 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 both proper and equitable and voted not to change it. This action entails a restoration of grade to PFC/E3.
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: PFC/E-3
ARMY DISCHARGE REVIEW BOARD - CASE REPORT AND DIRECTIVE
Case Number AR20090008523
______________________________________________________________________________
Page 1 of 3 pages
ARMY | DRB | CY2008 | AR20080007958
Applicant Name: ????? Army policy states that although an honorable or general discharge is authorized, a discharge under other than honorable conditions is normally considered appropriate. 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: PFC/E-3 ARMY DISCHARGE REVIEW BOARD - CASE REPORT AND DIRECTIVE Case Number...
ARMY | DRB | CY2006 | AR20060013027
Current ENL Service: 02 Yrs, 08 Mos, 23 Days ????? Board Action Directed No Change Issue a new DD Form 214 Change Characterization to: Change Reason to: None Other: NA RE Code: Grade Restoration: No Yes Grade: PFC/E3 XI. Certification Signature and Date Approval Authority: MARK E. COLLINS Colonel, U.S. Army President, Army Discharge Review Board Official: CHRISTINE U. MARTINSON DATE: 5 November 2007 Lieutenant Colonel, U.S. Army Chief, Secretary Recorder ARMY DISCHARGE REVIEW BOARD - CASE...
ARMY | DRB | CY2006 | AR20060013003
Applicant Request Request: Upgrade Reason Change RE Code Change Issues: See applicant's attached DD Form 293. Board Action Directed No Change Issue a new DD Form 214 Change Characterization to: Change Reason to: NA Other: NA RE Code: Grade Restoration: No Yes Grade: E3 XI. Certification Signature and Date Approval Authority: MARK E. COLLINS Colonel, U.S. Army President, Army Discharge Review Board Official: MARY E. SHAW DATE: 8 May 2007 Lieutenant Colonel, U.S. Army Chief, Secretary...
ARMY | DRB | CY2007 | AR20070017691
The intermediate and senior commanders reviewed the proposed discharge action and recommended approval of the separation action with an under other than honorable conditions discharge. On 22 July 2004, the separation authority waived further rehabilitative efforts and directed that the applicant be discharged with a characterization of service of under other than honorable conditions. Board Discussion, Determination, and Recommendation After carefully examining the applicants record of...
ARMY | DRB | CY2006 | AR20060002392
Application Receipt Date: 060214 Prior Review Prior Review Date: None I. 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 and as result it is now inequitable. Board Action Directed No Change Issue a new DD Form 214 Change Characterization to: Change...
ARMY | DRB | CY2006 | AR20060006826
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. Accordingly, the Board voted to grant partial relief in the form of an upgrade of the characterization of service to general, under honorable conditions. Board Action Directed No Change Issue a new DD Form...
ARMY | DRB | CY2006 | AR20060012263
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. 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...
ARMY | DRB | CY2006 | AR20060014474
Facts and Circumstances: Evidence of record shows that on 19 August 2004, the unit commander notified the applicant of initiation of separation action under the provisions of Chapter 14, AR 635-200, by reason of misconductpattern of misconduct (on 28 June 2004, he received a Company Grade Article 15 for numerous failures to be at his place of duty, immediately failed to report for extra duty. The applicant consulted with legal counsel, was advised of the impact of the discharge action,...
ARMY | DRB | CY2007 | AR20070013321
Applicant Name: ????? Army policy states that although an honorable or general discharge is authorized, a discharge under other than honorable conditions is normally considered appropriate. Board Action Directed No Change Issue a new DD Form 214 Change Characterization to: Change Reason to: NA Other: NA RE Code: Grade Restoration: No Yes Grade: PFC/E-3 XI.
ARMY | DRB | CY2007 | AR20070016593
Applicant Request Request: Upgrade Reason Change RE Code Change Issues: See DD Form 293 and attached documents submitted by the applicant. On 6 August 2005, the separation authority approved the discharge with a characterization of service of under other than honorable conditions. Board Action Directed No Change Issue a new DD Form 214 Change Characterization to: Change Reason to: NA Other: NA RE Code: Grade Restoration: No Yes Grade: PFC/E3 XI.