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):  930426

3.  Authority for separation:

	a.  Regulation:  Chapter 10, AR 635-200

	b.  Reason:  For The Good of The Service-In Lieu of Court-Martial

4.  Prior review(s):  011012



PART III - SERVICE HISTORY

SECTION A - Period of Service Under Review

1.	Service data:                              2.  Awards and decorations:
			                          ARCOM      ASR                 
a.  Period entered for: 4 Years                GCMDL
b.  Entry date: 890615                         NDSM      
c.  Age: 19  Years   DOB: 700219               SWASMDL/w2BSS                                  
d.  Educational level:  HS Grad                KLMDL                                 
e.  Aptitude area score:                       CIB
	    GT: 97                                 3.  Highest grade achieved:
    f.  Length of Service:                         E4
         3 Year(s)  3 Month(s)  1 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         920720-930228;                                                      

	Mil conf     0                                                      

	Civil conf   0                                                      

	Other        0                                                      


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
NONE

Other discharge(s):

	Service	From	To	Type Discharge






PART IV - PREHEARING REVIEW

SECTION A-ANALYST’S ASSESSMENT
l.  Facts and Circumstances:

	a.  Evidence of record shows that the applicant was AWOL from 920720 to 930228.  The record contains a properly constituted DD Form 214 (Certificate of Release or Discharge from Active Duty).  His DD Form 214 indicates that he was discharged under the provisions of Chapter 10, AR 635-200, for the good of the service-in lieu of court-martial with a characterization of service of under other than honorable conditions.  

	b.  On 26 April 1993, the applicant was discharged.  At the time of discharge, the applicant had completed 3 years, 3 months, and 1 day of active military service and accrued 224 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 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 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.


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 010801.
	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                   (   ) Yes   ( X ) No

	e.  Applicant testified:     ( X ) Yes   (   ) No
	
	f.  Counsel presentation:    (   ) Yes   ( X ) No
	
	g.  Witness(es) testified:   (   ) Yes   ( X ) No
	                                                
2.  Exhibit(s) submitted at hearing:  14 documents.

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:  (4)  The characterization of service was too harsh.

	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.

        (4)  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.  Although the Board does not condone the applicant’s misconduct; however, it determined that he presented mitigating medical circumstances of sufficient merit to overcome the discrediting entry in his service record.   In addition, the Board found that the length and quality of the applicant’s service partially mitigated his misconduct.  Based on these factors, the Board determined that the characterization of service granted is now inequitable.  Accordingly, the Board voted to grant partial relief in the form of an upgrade of 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.  

        (1-3)  The issues are rejected.  The Board determined that the applicant’s misconduct diminished the quality of his service below that meriting a fully honorable discharge.  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 Board noted that, after consulting with defense counsel, the applicant voluntarily, and in writing, requested 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.  

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 General, Under Honorable Conditions. 
	(   )	Inequitable as to reason.  Change reason to                       
		under                                 .
	(   )	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       0         5  
    Characterization       5         0   

	  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 General, Under Honorable Conditions.
           ( X )	Other (see remarks below).

Remarks:  Restore grade to specialist four/E-4.

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:  2002079187                    INDEX NUMBERS:  A9406
Date of Review:  030318                                   A9218
Character of Service:  UD                                 A9324
Date of Discharge:  930426                                A0113
Authority:  AR 635-200 C10                         
Reason:  A7100                                            
Results of Board Action/                                  
Vote/Affirmation:  GD 5-0 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