Application Receipt Date: 060529	

Prior Review    Prior Review Date: None

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

Issues: The applicant states, in effect, thanks for reviewing my discharge.  I understand this is a privelege not a right. I was a 19 yr old and a 19 kilo tanker.I started in Ft Knox, Kentucky and then to Schweinfurt, Germany.  While in Germany we deployed to Bosnia.After that my 2 years overseas was up, I went to Ft Irwin, CA.  There I ruined my career in the military due to pure stupidity. I was not responsible, and I was an alcohol abuser.  I take responsibility for that period of my life.  I went into the military for all the wrong reasons and I made many regrettable mistakes back then.  If I could go back and fix it I would.  I am asking for a second chance to serve my country and this discharge is hurting my chances.  I am not trying to re-enlist for the money, since I have my own business now and home.  I pay my taxes and have a credit score around 700. I want to do it for my country and finish my time out with an Honorable Discharge.  I now realize what a dishonor I was to the uniform and country and I am ashamed.  I know now my life was going in the wrong direction for many years from my early teens and I finally changed for the better.  I run my own flooring business today, own my own home and I am engaged to a beautiful young lady.  I see all these troops on tv getting killed and they haven't had the chance to even live life yet, but they are honorable still.  I did start out good and made it to E-4 and went to Bosnia Honorably completing my tour there.  I lost control of my military career in Ft Irwin, CA and there I ruined my future.  I just was not ready to be responsible... no excuses.  I hope that if I could get a second chance at the military I feel I could contribute now more than ever.  I might even be able to help another soldier who needs guidance like I did when I was in active duty.  I do not need this upgrade for any other reason than the fact I want to make things right and serve proudly.  I am in shape and will do what ever it takes to serve Honorably.  I am a productive member of society today and I will be productive in the military again if my discharge is upgraded.  I will follow orders and start from the bottom. I am a responsible man now. I thank you sincerely for your time.


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: 980529
Discharge Received:     Date: 980812   
Chapter: 10    AR: 635-200
Reason: In Lieu of Trial by Court-Martial
RE:     SPD: KFS
Unit/Location: Troop B, 1st Battalion, 11th Cavalry, Fort Irwin, CA  92310 

Time Lost: AWOL x 3, for a total of 57 days from (970604-970622), (970626-970701), (970819-970921). The applicant was was apprehended by the civilian authorities at Stevensville, MD and transferred to Fort Knox, KY  40121-5238

Article 15s (Charges/Dates/Punishment): 970728, AWOL, (970626-970702), (Company Grade)

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

Counseling Records Available: Yes    No 

IV.  Soldier’s Overall Record
DOB:  750907  
Current ENL Date: 950106    Current ENL Term: 4 Years  ?????
Current ENL Service: 3 Yrs, 5 Mos, 8 Days The applicant was placed on excess leave for a total of 320 days from (970927-980812)
Total Service:  3 Yrs, 5 Mos, 8 Days ?????
Previous Discharges: None
Highest Grade: E4
Performance Ratings Available: Yes    No 
MOS: 19K10 M1 Armor Crewman   GT: 97   EDU: HS Grad   Overseas: Germany (950501-970424), Yugoslavia (961000-970400)   Combat: None
Decorations/Awards: NDSM, NATOM, ASR, OSR, 
V.  Post-Discharge Activity
Home of Record: 
Current Address: 
Post Service Accomplishments: None

VI.  Facts, Circumstances, and Legal Basis for Separation

      a.  Facts and Circumstances:
      The evidence of record shows that on 26 September 1997, the applicant was charged with AWOL from (19 August 1997 to 22 September 1997).  On 26 September 1997, 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 did not submit a statement in his own behalf.  The unit commander recommended approval of an under other than honorable conditions discharge.  On 17 June 1998, 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, if the applicant desires to reenlist, he should contact the local recruiter to determine his eligibility to reenlist.  Those individuals can best advise a former service member as to the needs of the Army at the time, and are required to process waivers of reentry eligibility (RE) codes.  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: 4 April 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 and the time that has elapsed since his discharge mitigated the discrediting entry in his service record.  Accordingly, the Board voted to grant relief in the form of an upgrade of the characterization of service to general, under honorable conditions.  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 PFC/E3.   


















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: PFC/E3

XI.  Certification Signature and Date
Approval Authority: 

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

Official: 


MARY E. SHAW				DATE: 6 April 2007
Lieutenant Colonel, U.S. Army
Chief, Secretary Recorder
ARMY DISCHARGE REVIEW BOARD - CASE REPORT AND DIRECTIVE

Case Number AR20060007741

Applicant Name:  Mr.        
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