Application Receipt Date: 060508	

Prior Review    Prior Review Date: None

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

Issues: See DD Form 293; the applicant has stated in essence that his record of misconduct was an isolated incident in an othewise respectable career.  

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: 030212
Discharge Received:     Date: 030227   
Chapter: 10    AR: 635-200
Reason: In Lieu of Trial by Cour-Martial
RE:     SPD: KFS
Unit/Location: Group Support Company, 5th Special Forces Group (Airborne), Fort Campbell, Kentucky 42223 

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:  670920  
Current ENL Date: 011011    Current ENL Term: Indefinate Years  ?????
Current ENL Service: 1 Yrs, 5 Mos, 20 Days ?????
Total Service:  16 Yrs, 10 Mos, 4 Days ?????
Previous Discharges: USAR-860219-860423/NA
                                      RA-860424-900304/HD
                                      RA-900305-940425/HD
                                      RA-940426-011010/HD

Highest Grade: SFC/E-7
Performance Ratings Available: Yes    No 
MOS: 75H1P, Personnel Sergeant   GT: 114   EDU: HS Grad   Overseas: Bosnia (970427-971029), (990228-990820)   Combat: Bosnia
Decorations/Awards: AAM (3), ARCOM (3), GCML (5), NDSM (2), AFEM, AFSM, NCOPDR w/#3, NATO M, ASR, OSR
V.  Post-Discharge Activity
Home of Record: 
Current Address: 
Post Service Accomplishments: Letters of reference and character (9), Education and Certificates (4), BS Social Psychology, Military letters of reference (4), numerous military documents pertaining to service and evaluations.

VI.  Facts, Circumstances, and Legal Basis for Separation

      a.  Facts and Circumstances:
      The evidence of record shows that the Staff Judge Advocate Memorandum indicates that the applicant was charged with four (4) specifications of larceny, one (1) specification of attempted larcenty, and five (5) specifications of forgery.  The applicant's request for discharge under the provisions of Chapter 10, AR 635-200 in lieu of trial by court-martial is not part of the available records and the analyst presumed government regularity in the dischage process.  On 12 February 2003, the Staff Judge Advocate Memorandum shows that the applicant's chain of command recommended approval of the request for discharge with issuance of an Under Other than Honorable Conditions discharge.  On 18 February 2003, 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, and the issues he submitted, the analyst found no mitigating factors that would merit an upgrade of the applicant's discharge.  The evidence of record shows the applicant was charged with the commission of offenses 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 court-martial.  In doing so, the applicant admitted guilt to the stipulated or lesser-included offenses under the UCMJ.  The analyst noted that 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 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: 061204              
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: 

ROBERT L. HOUSE
Colonel, U.S. Army
President, Army Discharge Review Board

Official: 


MARY E. SHAW				DATE: 7 December 2006
Lieutenant Colonel, U.S. Army
Chief, Secretary Recorder
ARMY DISCHARGE REVIEW BOARD - CASE REPORT AND DIRECTIVE

Case Number AR20060006704

Applicant Name:  Mr.        
______________________________________________________________________


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