Application Receipt Date: 060524	

Prior Review    Prior Review Date: None

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

Issues: The applicant states, in effect, that he believe he should be offered a second chance at getting back in the Army, Because I have served My Country with Honor and Dedication for my first tour over seas in Germany, and I have trained for two of the armies toughest schools, Ranger and Belgium Commandos, but my rank at the time didn't allow me to attend, and when my tour was coming to an end, I took another oath to defend My Country for another term, so I re-enlisted and Moved to Ft. Carson and soon to be deployed to Iraq  with 4th ID 3rd Brigade combat team 4th Engr, and after our return home I got mixed up with wrong crowd and was soon discharged from the army 3 days after I was supposed to ETS, so now I am ready for a second chance to make things right and serve once again My Counrty with Honor and Dedication, and after being a civilain I chose to Drive truck because I knew that it would be challenge and I knew that it would exercise my disapline, and now I drive truck for Home Lumber, and I knew that I would start out at the bottom so I took my challenge head on and they strated me out in a F-550 sprint truck doing hand loads, and 4 months later proving my work ethic, got promoted yo a single axel truck hauling 15,00 pound loads, and 3 months later provong my self worthy again they offered my to get my Commercial drivers License, and they trained me to drive a tandem truck with a trailer hauling 50,000 pound loads, and now I achieved my goal with that company I am now a CDL driver for this company at nine months on the job, and plus this company has a reward program were if you deliver fro 3 month consectively you will earn a coat with your name on it, and I have also achieved this at seven months and I was the third person in my fleet  to get this award and I have coached two of my peers to achieve the same, and I bellieve I am more developed as a individual and knowing what I did wrong, is eating away at me, and I had to find myself, so I hope the Army offers me second chance to make things right, and once again serve My country Honor and Dedication.     

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: 041005
Discharge Received:     Date: 041023   
Chapter: 10    AR: 635-200
Reason: In Lieu of Trial By Court-Martial
RE:     SPD: KFS
Unit/Location: Company A, 4th Engineer, 3rd Brigade Combat Team, Fort Carson, CO  80913 

Time Lost: None

Article 15s (Charges/Dates/Punishment): 020327, absence from his appointed place of duty (Summarized)

2nd Article 15, 030225, failed to obey an order or regulation and disobeying a superior commissioned officer (Summarized)

3rd Article 15, 040719, failure to obey an order or regulation, during your leave period because you failed to properly keep in contact with the chain of command when you encountered a situation during you leave from 27-31 May 2004 (Summarized)

Court-Martials (Charges/Dates/Punishment): None

Counseling Records Available: Yes    No 

IV.  Soldier’s Overall Record
DOB:  800602  
Current ENL Date: Reenl/011024    Current ENL Term: 3 Years  ?????
Current ENL Service: 3 Yrs, 0 Mos, 0 Days ?????
Total Service:  5 Yrs, 2 Mos, 26 Days ?????
Previous Discharges: RA-990728-011023/HD
Highest Grade: E4
Performance Ratings Available: Yes    No 
MOS: 21B10 Combat Engineer   GT: 99   EDU: HS Grad   Overseas: Southwest Asia   Combat: Iraq (030406-040320)
Decorations/Awards: AAM, GCMDL, NDSM, GWOTEM, GWOTSM, ASR, OSR
V.  Post-Discharge Activity
Home of Record: 
Current Address: 
Post Service Accomplishments: See DD Form 293

VI.  Facts, Circumstances, and Legal Basis for Separation

      a.  Facts and Circumstances:
      The evidence of record shows that on 29 September 2004, the applicant was charged with disrespect toward a CPT (11 September 2004), disrespectful in language and deportment toward a SGT (11 September 2004), and was derelict in the performance of his duties, in that he abandoned the vehicle in which he was serving as designated driver and failed to continue driving a SPC (11 September 2004).  On 30 September 2004, 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 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 submitted a statement in his own behalf.  The unit commander and intermediate commanders recommended approval of an under other than honorable conditions discharge.  On 13 October 2004, 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 issue 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 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 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.  Furthermore, 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.  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: 28 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
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 characterization of service was too harsh, and as a result it is now inequitable.  The Board found that the overall length and quality of the applicant's service, to include his combat service and his post service accomplishments mitigated the discrediting entries in his service record.  Accordingly, the Board voted to grant partial relief in the form of an upgrade of the characterization of service to fully honorable.  The Board determined that the reason for discharge was both proper and equitable and voted not to change it.  This action entails a restoration of grade to SPC/E4.  


















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: SPC/E4

XI.  Certification Signature and Date
Approval Authority: 

MARK E. COLLINS
Colonel, U.S. Army
President, Army Discharge Review Board

Official: 


MARY E. SHAW				DATE: 30 March 2007
Lieutenant Colonel, U.S. Army
Chief, Secretary Recorder
ARMY DISCHARGE REVIEW BOARD - CASE REPORT AND DIRECTIVE

Case Number AR20060007420

Applicant Name:  Mr.        
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