Application Receipt Date: 050726 Prior Review Prior Review Date: Personal Appearance/Los Angeles/CA/030408 I. Applicant Request Request: Upgrade Reason Change RE Code Change Issues: See DD Form 293 with attached enclosures 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: 990826 Discharge Received: Date: 990910 Chapter: 10 AR: 635-200 Reason: In Lieu of Trial by Court-Martial RE: SPD: KFS Unit/Location: 183rd Maint Company, Fort Carson, CO 80913-5014 Time Lost: None Article 15s (Charges/Dates/Punishment): None Court-Martials (Charges/Dates/Punishment): None Counseling Records Available: Yes No IV. Soldier’s Overall Record DOB: 760306 Current ENL Date: 981006 Current ENL Term: 3 Years ????? Current ENL Service: 0 Yrs, 11 Mos, 5 Days ????? Total Service: 0 Yrs, 11 Mos, 5 Days ????? Previous Discharges: None Highest Grade: E2 Performance Ratings Available: Yes No MOS: 63B10 Light Wheel Vehicle Mechanic GT: 107 EDU: GED Overseas: None Combat: None Decorations/Awards: ASR V. Post-Discharge Activity Home of Record: Current Address: Post Service Accomplishments: See DD Form 293 with attachments VI. Facts, Circumstances, and Legal Basis for Separation a. Facts and Circumstances: The evidence of record shows that on 2 August 1999, the applicant was charged with fraudulently enlisting in the US Army (980808). On 26 August 1999, 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 did not submit a statement in his own behalf. The unit commander and intermediate commanders recommended approval of an under other than honorable conditions discharge. On 1 September 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. Subsequently, the applicant's case was heard by the Army Discharge Review Board, at a personal appearance hearing in Los Angeles, CA, and was upgraded to General, Under Honorable Conditions, and his narrative reason changed to Secretarial Authority under Chapter 5, AR 635-200, on 8 April 2003. 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 new, substantial and relevant evidence he submitted, that was not available to the Board at the time of his personal appearance hearing, the analyst found several mitigating factors that would merit an upgrade of the applicant's discharge to fully honorable. The analyst does not condone the applicant’s misconduct; however, determined that the characterization of service was too harsh and as a result it is inequitable. The analyst found that the applicant's new, substantial and relevant evidence ( i.e. legal documentation and character references attached to his issues) to include his post-service accomplishments was of sufficient merit to recommend to the Board to further upgrade the applicant's characterization of service to fully honorable and consider changing the reentry eligibility (RE) code to "1." VII. Summary of Army Discharge Review Board Hearing Type of Hearing: Date: 5 March 2007 Location: Washington, DC 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 The President, on the motion of the Army Discharge Review Board, under the provisions of AR 15-180, Paragraph 8 (g), reconsidered the applicant's record of service during the period of enlistment under review. The applicant submitted new, substantial and relevant evidence, which was not available to the Board at the time of original review. After carefully examining the applicant’s record of service, the new documentation submitted by the applicant, and considering the analyst’s recommendation and rationale, the President determined that the characterization of service was too harsh and as a result it is inequitable. The President found that the new, substantial and relevant evidence ( i.e. legal documentation and character references attached to his issues) to include his post-service accomplishments was of sufficient merit to upgrade the characterization of service to fully honorable. This action entails a change to the reentry eligibility (RE) code to "1." Case report reviewed and verified by: Mr. Ron Williams, 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: ROBERT L. HOUSE Colonel, U.S. Army President, Army Discharge Review Board Official: MARY E. SHAW DATE: 5 March 2007 Lieutenant Colonel, U.S. Army Chief, Secretary Recorder ARMY DISCHARGE REVIEW BOARD - CASE REPORT AND DIRECTIVE Case Number AR20070005244 (Reconsideration) Applicant Name: Mr. ______________________________________________________________________ Page 6 of 6 pages