Application Receipt Date: 060606 Prior Review Prior Review Date: None I. Applicant Request Request: Upgrade Reason Change RE Code Change Issues: The applicant stated, "Shortly after I arrived at Ft Leonard Wood I was placed in a 'Hold Platoon.' Two months later I was sent home for Christmas while still waiting for my status to be determined. While on leave I decided that I would not return. for this reason I feel that my net active service should be closer to 60 days than the 10 months listed on my DD-214. That would make me eligible to my characterization and narrative reason changed. Going AWOL was perhaps the worst choice I ever made, and I would sincerely appreciate the chance to redeem myself. If this is approved I am going to give every effort to reenlisting in the Army. I am a much different person than I was in 1997, and I feel I have a lot to offer the Army." II. Were Proper Discharge and Separation Authority procedures followed? Yes No Tender Offer: ????? See Attachments: Legal Medical Minority Opinion Exhibits III. Original Character of Discharge Unit CDR Recommended Discharge: Date: NIF Discharge Received: Date: 991015 Chapter: 10 AR: 635-200 Reason: In Lieu of Trial by Court-Martial RE: SPD: KFS Unit/Location: WOVG PCF PS Battalion, USAFACFS Training Command, Fort Leonard Wood, Time Lost: AWOL, from (980514-990603), for a total of 385 days. The mode of the applicant's return to military control is not part of the available record. Article 15s (Charges/Dates/Punishment): None Court-Martials (Charges/Dates/Punishment): None Counseling Records Available: Yes No IV. Soldier’s Overall Record DOB: 790409 Current ENL Date: 971029 Current ENL Term: NIF Years ????? Current ENL Service: 0 Yrs, 10 Mos, 21 Days ????? Total Service: 0 Yrs, 10 Mos, 21 Days ????? Previous Discharges: None Highest Grade: E1 Performance Ratings Available: Yes No MOS: 31F10, MSE Network SW SYS OP GT: NIF EDU: NIF Overseas: None Combat: None Decorations/Awards: None V. Post-Discharge Activity Home of Record: Current Address: Post Service Accomplishments: None were submitted. 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 his discharge from the Army. However, the record does contain a properly constituted DD Form 214 (Certificate of Release or Discharge from Active Duty), which the applicant was not available for 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. Furthermore, the DD Form 214 shows a Separation Code of KFS (i.e., in lieu of court-martial) with a reentry eligibility (RE) code of "4." 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 at any time after the charges are preferred, submit a request for discharge for the good of the service in lieu of trial by court martial. 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, and the issue he submited, the analyst found no mitigating factors that would merit an upgrade of the applicant's discharge. The applicant’s record is void of facts and circumstances concerning the events that led to a discharge from the Army. However, the applicant’s record does contain a properly constituted DD Form 214 (Certificate of Release or Discharge from Active Duty). 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. 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. In the absence of information to the contrary, it is presumed 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, at the time of discharge the applicant was appropriately assigned a reentry eligibility (RE) code of “4.” An RE code of “4” can not be waived and the applicant is no longer eligible for reenlistment. Therefore, the reason for discharge and the characterization of service remains both proper and equitable. VII. Summary of Army Discharge Review Board Hearing Type of Hearing: Date: 25 April 2007 Location: Washington, D.C. Did the Applicant Testify? Yes No Counsel: N/A Witnesses/Observers: N/A Exhibits Submitted: N/A VIII. Board Decision The discharge was: Proper Improper Equitable Inequitable The characterization of service was: Proper Improper Equitable Inequitable The narrative reasons were: Equitable Inequitable DRB voting record: Change No change (Character) Change No change (Reason) (Board member names available upon request) IX. 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 not to change it. Case report reviewed and verified by: Mr. John Zangas, Examiner X. Board Action Directed No Change Issue a new DD Form 214 Change Characterization to: Change Reason to: None Other: None RE Code: Grade Restoration: No Yes Grade: None XI. Certification Signature and Date Approval Authority: MARK E. COLLINS Colonel, U.S. Army President, Army Discharge Review Board Official: MARY E. SHAW DATE: 4 May 2007 Lieutenant Colonel, U.S. Army Chief, Secretary Recorder ARMY DISCHARGE REVIEW BOARD - CASE REPORT AND DIRECTIVE Case Number AR20060008144 Applicant Name: Mr. ______________________________________________________________________ Page 6 of 6 pages