Application Receipt Date: 061207 Prior Review Prior Review Date: None I. Applicant Request Request: Upgrade Reason Change RE Code Change Issues: See DD Form 293 and attached documents. 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: 990802 Discharge Received: Date: 990910 Chapter: 10 AR: 635-200 Reason: In Lieu Of Trial By Court-Martial RE: SPD: KFS Unit/Location: C Battery 1st Bn 37th FA Fort Lewis, WA 98433 Time Lost: AWOL-41 days (990227-990407), surrendered to military authorities at Fort Sill, OK on (990408). Article 15s (Charges/Dates/Punishment): None Court-Martials (Charges/Dates/Punishment): None Counseling Records Available: Yes No IV. Soldier’s Overall Record DOB: 800420 Current ENL Date: 980810 Current ENL Term: 3 Years the applicant was placed on excess leave for 149 days, (990415-990910). Current ENL Service: 00 Yrs, 11 Mos, 21Days ????? Total Service: 00 Yrs, 11Mos, 21 Days Item 29 on DD Form 214, dates of time lost during this period is incorrect, should read (990227-990407). Previous Discharges: None Highest Grade: E2 Performance Ratings Available: Yes No MOS: 13B10 Field Artillery GT: 89 EDU: HS Letter Overseas: None Combat: None Decorations/Awards: ASR V. Post-Discharge Activity Home of Record: Current Address: Post Service Accomplishments: The applicant claims he has worked as a paramedic for three years. VI. Facts, Circumstances, and Legal Basis for Separation a. Facts and Circumstances: The evidence of record shows that on 12 April 1999, the applicant was charged with AWOL from (990227-990407). On 13 April 1999, 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 she 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 16 August 1999, 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 during the period of enlistment under review, the issue and documents he submitted, the analyst recommend that relief be denied in this case. The evidence of record shows the applicant was charged with the commission of an offense punishable under the Uniform Code of Military Justice (UCMJ) with a punitive discharge. The applicant consulted with defense counsel, and voluntarily in writing, requested separation from the Army in lieu of trial by courts-martial. In doing so, the applicant admitted guilt to the stipulated or lesser included offenses under UCMJ. All the 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 was aware of this prior to requesting discharge. Further, 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. The analyst determined that the reason for discharge and the characterization of service were both proper and equitable. VII. Summary of Army Discharge Review Board Hearing Type of Hearing: Date: 14 May 2007 Location: Tampa, FL Did the Applicant Testify? Yes No Counsel: No Witnesses/Observers: No Exhibits Submitted: None 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, hearing his testimony, and considering the analyst’s recommendation and rationale, the Board determined that the discharge is inequitable. The Board does not condone the applicant’s misconduct; however, the Board found that the circumstances surrounding the applicant's AWOL and his attempt to surrender to military authorities, his post service accomplishments and the time that has elasped since his discharge mitigated the discrediting entry in his service record. Accordingly, the Board voted to grant relief in the form of an upgrade of the characterization of service to fully honorable and a change to the narrative reason for separation to Secretarial Authority. This action entails a change to the reentry eligibility (RE) code to "1" and a restoration of grade to PV2/E2. Case report reviewed and verified by: Mr. Kenneth McFarley, Examiner X. Board Action Directed No Change Issue a new DD Form 214 Change Characterization to: Change Reason to: Secretarial Authority under provisions of Chapter 5, AR 635-200. Other: NA RE Code: Grade Restoration: No Yes Grade: PV2/E2 XI. Certification Signature and Date Approval Authority: MARK E. COLLINS Colonel, U.S. Army President, Army Discharge Review Board Official: MARY E. SHAW DATE: 21 May 2007 Lieutenant Colonel, U.S. Army Chief, Secretary Recorder ARMY DISCHARGE REVIEW BOARD - CASE REPORT AND DIRECTIVE Case Number AR20060016798 Applicant Name: Mr. ______________________________________________________________________ Page 5 of 5 pages