Application Receipt Date: 2006/10/19 Prior Review Prior Review Date: None I. Applicant Request Request: Upgrade Reason Change RE Code Change Issues: The applicant states that his discharge was based on one isolated incident in his 24 months of service. He wants to rejoin the Army National Guard. His mistake was due to his young age and immaturity and would like to make amends by rejoining; he says that he was a good soldier for over 2 years and that he was the outstanding graduate in his basic training class. He has graduated from college with a 3.89 GPA and was awarded a BS in Information Technology; he now owns a successful business and has become an outstanding citizen in his community. Additional information is provided in his attached statement. 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: 951026 Discharge Received: Date: 960206 Chapter: 10 AR: 635-200 Reason: In Lieu of Court Martial RE: SPD: KFS Unit/Location: C Co, 3-66 AR Bn, 2d AD, Fort Hood, TX Time Lost: 48 days, AWOL (950905-951022), surrendered at Fort Knox, KY Article 15s (Charges/Dates/Punishment): None Court-Martials (Charges/Dates/Punishment): None Counseling Records Available: Yes No IV. Soldier’s Overall Record DOB: 750903 Current ENL Date: 931020 Current ENL Term: 3 Years ????? Current ENL Service: 02 Yrs, 01Mos, 29Days ????? Total Service: 02 Yrs, 01Mos, 29Days Includes 104 days of excess leave (951026-960206). Previous Discharges: None Highest Grade: E-3 Performance Ratings Available: Yes No MOS: 19K10/Armor Crewman GT: 124 EDU: HS Grad Overseas: None Combat: None Decorations/Awards: NDSM, ASR V. Post-Discharge Activity Home of Record: Current Address: Post Service Accomplishments: Has graduated from college and owns a successful business. VI. Facts, Circumstances, and Legal Basis for Separation a. Facts and Circumstances: The evidence of record shows that on 26 October 1995, the applicant was charged with AWOL (950905-951022) from his unit, B/3-66 Armor, at Fort Hood, Texas. On 26 October 1995, 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 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 did not submit a statement in his own behalf. The unit commander recommended approval of an under other than honorable conditions discharge. On 7 December 1995, 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 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 military records for the period of enlistment under review, the issue and documents he submitted, the analyst recommends to the Board that the applicant’s characterization of service be upgraded to general, under honorable conditions. There was a full consideration of all faithful and honorable service as well as the infractions of discipline, the extent thereof, and the seriousness of the offenses. The analyst does not condone the applicant’s misconduct; however, determined that the characterization of service is now inequitable. The analyst found that the overall length and quality of the applicant’s service, the time that has elapsed since his discharge, and his post-service accomplishments, mitigated the discrediting entry in his service record. However, the analyst determined that the reason for discharge was both proper and equitable. VII. Summary of Army Discharge Review Board Hearing Type of Hearing: Date: 28 November 2007 Location: Washington, D.C. Did the Applicant Testify? Yes No Counsel: NA Witnesses/Observers: NA Exhibits Submitted: NA 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 5 No change 0 - Character Change 0 No change 5 - 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 characterization of service was too harsh based on the overall length and quality of the applicant’s service, the time that has elapsed since his discharge, and his post-service accomplishments and as a result it is inequitable. 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 proper and equitable and voted not to change it. Case report reviewed and verified by: Alejandro Champin, Examiner X. 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: E-3 XI. Certification Signature and Date Approval Authority: MARK E. COLLINS Colonel, U.S. Army President, Army Discharge Review Board Official: CHRISTINE U. MARTINSON DATE: 30 November 2007 Lieutenant Colonel, U.S. Army Chief, Secretary Recorder ARMY DISCHARGE REVIEW BOARD - CASE REPORT AND DIRECTIVE Case Number AR20060014814 Applicant Name: Mr. ______________________________________________________________________ Page 4 of 4 pages