Application Receipt Date: 060505	

Prior Review    Prior Review Date: None

I.  Applicant Request
Request:  Upgrade     Reason Change     RE Code Change    

Issues: The applicant stated in essence that there were threats of bodilly harm made against him by other soldiers in his unit and despite the concerns he expressed to his chain of command, nothing was done about it, so he went AWOL.  He submitted documents that illustrate his post service accomplishments over the past ten years, including his service in the Virginia National Guard and community involvement, education and employment, which further demonstrate that he has excelled in whatever endeavor he has attempted.  Finally, he requests an upgrade of his discharge so he can move past what happened ten years ago. 

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: 970304   
Chapter: 10    AR: 635-200
Reason: In Lieu of Trial by Court Martial
RE:     SPD: KFS
Unit/Location: Company D, 18th Infantry Battalion, 3rd Brigade, 24th Infantry Division, Fort Benning, GA 

Time Lost: AWOL for 112 days from (960331-970722), The applicant's return to military authorities is not in the available records, however the applicant stated in his issues that he turned himself into the military authorities at Fort Story, VA, and was picked up the Military Police and taken to Fort Eustis, VA, stayed in in a cell overnight, and was transferred to 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:  760227  
Current ENL Date: 940816    Current ENL Term: NIF Years  ?????
Current ENL Service: 2 Yrs, 2 Mos, 27 Days The applicant was placed on excess leave for 221 days from (960727-970304).
Total Service:  2 Yrs, 2 Mos, 27 Days ?????
Previous Discharges: None
Highest Grade: NIF
Performance Ratings Available: Yes    No 
MOS: 11M10   GT: NIF   EDU: HS Grad   Overseas: None   Combat: None
Decorations/Awards: NDSM, ASR
V.  Post-Discharge Activity
Home of Record: 
Current Address: 
Post Service Accomplishments: Emergency Medical Technician (EMT) Certification of the State of Virginia, Degree study at University of Pheonix, Verizon employment records, Verizon study history, Virginia National Guard Honorable Discharge, church involvement, Virginia Association of Volunteer Rescue Squads, letter of reference from a Virginia State Legislator. 

VI.  Facts, Circumstances, and Legal Basis for Separation

      a.  Facts and Circumstances:
      The applicant’s record is void of facts and circumstances concerning the events that led to a discharge from the Army.  However, the record does contain a properly constituted DD Form 214 (Certificate of Release or Discharge from Active Duty), which was not authenticated by the applicant’s 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., for the good of the service-in lieu of court-martial) with a reentry eligibility (RE) code of "3."  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.  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: 7 March 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: 8 March 2007
Lieutenant Colonel, U.S. Army
Chief, Secretary Recorder
ARMY DISCHARGE REVIEW BOARD - CASE REPORT AND DIRECTIVE

Case Number AR20060006393

Applicant Name:  Mr.        
______________________________________________________________________


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