PART II - APPLICATION DATA (Note: Part I deleted under the Privacy Act on Reading Room copy) 1. Character of Discharge: Under Other Than Honorable Conditions 2. Date of discharge (or REFRAD): 971205 3. Authority for separation: a. Regulation: Chapter 10, AR 635-200 b. Reason: In Lieu of Trial by Court-Martial 4. Prior review(s): NONE PART III - SERVICE HISTORY SECTION A - Period of Service Under Review 1. Service data: 2. Awards and decorations: NONE a. Period entered for: 3 Years b. Entry date: 970522 c. Age: 19 Years DOB: 780511 d. Educational level: GED e. Aptitude area score: GT: 124 3. Highest grade achieved: f. Length of Service: E1 0 Year(s) 5 Month(s) 7 Day(s) 4. Performance evaluations: NONE PART III - SERVICE HISTORY SECTION A - Period of Service Under Review - Continued 5. Periods of unauthorized absence: Status Inclusive dates AWOL 970721-970826; Mil conf Civil conf Other 6. Nonjudicial punishment: NONE Date Offense(s) 7. Court-Martial data: NONE a. SCM: Date Offense(s) b. SPCM: Date Offense(s) c. GCM: Date Offense(s) 8. Remarks: NONE SECTION B - Prior Service Data Other discharge(s): Service From To Type Discharge USAR 960325 970522 NA PART IV - PREHEARING REVIEW SECTION A-ANALYST’S ASSESSMENT l. Facts and Circumstances: a. The evidence of record shows that on 29 August 1997, the applicant was charged with AWOL from (970721-970827). On 29 August 1997, the applicant consulted with legal counsel and voluntarily requested, in writing, discharge under the provisions of Chapter l0, 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 veteran’s benefits. The applicant submitted a statement in his own behalf. The unit commander recommended approval of an under other than honorable conditions discharge. On 30 October 1997, 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. On 5 December 1997, the applicant was discharged. At the time of discharge, the applicant had completed 5 months, and 7 days of active military service and accrued 36 days of lost time. 2. Legal/Regulatory Basis for Separation Action: Army Regulation 635-200 sets forth the basic authority for the separation of enlisted personnel. Chapter l0 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 requests 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. SECTION B-APPLICANT’S SUBMISSIONS 1. Issue(s) of propriety and/or equity submitted by applicant or counsel. As stated on applicant’s DD Form 293. 2. Exhibit(s) submitted: A-1: DD Form 293, dated 010510. A-2: Counsel Issues: NONE B-l: Other Documents: NONE PART IV - PREHEARING REVIEW (CONTINUED) SECTION C - Medical and/or Legal Advisory Opinion Referred to ( ) Medical Advisor ( ) Legal Advisor a. Medical prehearing comments (if applicable): b. Legal prehearing comments (if applicable): PART V - SUMMARY OF HEARING SECTION A-Attendees and exhibits 1. Review/hearing information: a. Type requested: ( ) Records review ( X ) Hearing b. Type Held: ( )Records review ( X ) Hearing ( ) Tender Offer c. Review/hearing location and date: Atlanta, GA on 18 March 2003. d. Appearance by: Applicant ( X ) Yes ( ) No Counsel ( X ) Yes ( ) No e. Applicant testified: ( X ) Yes ( ) No f. Counsel presentation: ( X ) Yes ( ) No g. Witness(es) testified: ( ) Yes ( X ) No 2. Exhibit(s) submitted at hearing: PART VI - ISSUES AND FINDINGS 1. a. Applicant's issue(s) of propriety and/or equity: ( X ) Same as those listed on DD Form 293 and Part IV, Section A of this case report and directive. ( ) Revised issue(s) furnished in writing by applicant as follows: ( X ) Additional issue(s) identified during review/hearing as follows: Board Issue: (2) The discharge was inequitable. b. Request: ( X ) Recharacterization ( X ) Change of Reason 2. Finding(s), conclusion(s), and reason(s) for the Board's decision(s) on issues of propriety and/or equity: a. Propriety: The applicant has not submitted an issue of propriety and the ADRB has not otherwise relied upon an issue of propriety to change the discharge. b. Equity: The parenthetical number(s) below correspond(s) to the issue number(s) on the DD Form 293, or in Part VI, Paragraph 1, above. (5) The issue is accepted. The Board carefully examined the applicant’s record of service during the period of enlistment under review and heard his testimony. There was a full consideration of all faithful and honorable service as well as the infraction of discipline, the extent thereof, and the seriousness of the offense. Army regulations stipulate that absent serious misconduct an individual’s service may be uncharacterized if he or she is in entry-level status (ELS) at the time of discharge. The purpose of the ELS is to provide the soldier a probationary period, i.e., the first 180 days of active duty. The Board found that the applicant’s discharge was proper and noted that he was in ELS at the time of his misconduct, and not at the time of his separation action. However, he also presented compelling medical circumstances which ameliorated the serious impact of his AWOL, and upon his return from AWOL, he was still in ELS. Given the above factors, and as an exception to policy, the Board found that the discharge was unduly harsh and that uncharacterizing his relatively short period of service would be more equitable. Accordingly, the Board voted to grant partial relief by changing his characterization of service to uncharacterized and changing his narrative reason for discharge to Secretarial Authority. This action does not entail a change in RE code. (1-4) The issues are rejected. An uncharacterized discharge is not an adverse separation action. Army regulations stipulate that a fully honorable discharge while in ELS may be granted only in cases which are clearly warranted by unusual circumstances involving outstanding personal conduct and/or performance of duty. The Board determined that no such unusual circumstances were present in the applicant’s record and his service did not warrant an honorable discharge. 3. Response(s) to item(s) not addressed as decisional issue(s): NONE PART VII - BOARD ACTION SECTION A - Conclusions/Decisions/Vote 1. Board conclusion(s): The discharge was: ( X ) Proper. ( ) Improper as to characterization. Change characterization to                                     . ( ) Improper as to reason. Change reason to                         under                      . ( ) Equitable. ( X ) Inequitable as to characterization. Change characterization to Uncharacterized. ( X ) Inequitable as to reason. Change reason to Secretarial Authority under Chapter 5, AR 635-200. ( ) Both proper and equitable, but characterization/reason for separation cited was an administrative/clerical error and should be changed to                      under                         . 2. Voting record: Change No Change Reason 3 2 Characterization 3 2 The names and votes of the members of the Board are recorded in Part IX of this document and can be obtained by writing to the address below. The request must contain the CASE NO. located in the upper right corner of this document. Department of the Army Review Boards Agency ATTN: Promulgation Team 1941 Jefferson Davis Highway, 2nd Floor Arlington, VA 22202-4508 3. Minority views: NONE PART VII - BOARD ACTION SECTION B - Verification and Authentication Case report reviewed and verified                            Ms. McKim-Spilker Case Reviewing Official PART VIII - DIRECTIVE/CERTIFICATION SECTION A - DIRECTIVE TO: ARBA Support Division-St Louis Date: 28 March 2003 The Army Discharge Review Board, established under the provisions of Section 30, Public Law 346, 78th Congress, 22 June 1944 and codified as Title 10, United States Code, Section 1553, in the case of the applicant named in Part I directs that the ARBA Support Division-St Louis issue a new DD Form 2l4 to the applicant which reflects the following directed change(s): ( X ) Change characterization of discharge to Uncharacterized. ( X ) Change reason and authority for discharge to Secretarial Authority, AR 635-200. ( X ) Other (see remarks below). Remarks: This action does not entail a change in RE code. SECTION B - CERTIFICATION Approval Authority: SPURGEON A. MOORE Colonel, U.S. Army President, Army Discharge Review Board Official: JOHN F. LONG Lieutenant Colonel, U.S. Army Chief, Secretary Recorder EXHIBITS: A - Application for review of discharge C - Other B - Material submitted by applicant INDEX RECORD: AR Number: 2002079345 INDEX NUMBERS: A9406 Date of Review: 030318 A9424 Character of Service: UD A9456 Date of Discharge: 971205 A1200 Authority: AR 635-200 C10 Reason: A7100 Results of Board Action/ Vote/Affirmation: EL 3-2 A PART IX - VOTING RECORD Name  Reason Characterization CHANGE NC HON UHC NC UNCHAR 1. LTC SHAW, MARY E. Mbr      X          X     2. Mbr  X               X  3. COL MINNIEFIELD, ANITA R. Mbr      X          X     4. Mbr  X               X  5. PO  X               X