Application Receipt Date: 060609	

Prior Review    Prior Review Date: None

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

Issues: See DD Form 293.

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: 050718
Discharge Received:     Date: 050729   
Chapter: 10    AR: 635-200
Reason: In Lieu Of Trial By Court-Martial
RE:     SPD: KFS
Unit/Location: Detachment 1, 649th Area Support Group, Fort Sill, OK 73503 

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:  750216  
Current ENL Date: 031102/OAD    Current ENL Term: 2 Years  ext 1 year (030606)
Current ENL Service: 01  Yrs, 08 Mos, 27 Days ?????
Total Service:  11 Yrs, 04 Mos, 13 Days ?????
Previous Discharges: ARNG-930301-930318/NA
                                      IADT-930319-930623/NA
                                      ARNG-930624-970421/NA
                                      RA-970422-010608/HD
                                      ARNG-020626-031101/NA
Highest Grade: E5
Performance Ratings Available: Yes    No 
MOS: 11B10   GT: NIF   EDU: HS Grad   Overseas: SouthWest Asia   Combat: Iraq (031012-050729)
Decorations/Awards: AGCM, NDSM, GWOTEM, GWOTSM, AFSM, NCOPDR, ASR
V.  Post-Discharge Activity
Home of Record:
Current Address: 
Post Service Accomplishments: The applicant enlisted in the Arkansas Army National Guard on 30 November 2006 for one year in the grade of SGT/E5. 

VI.  Facts, Circumstances, and Legal Basis for Separation

      a.  Facts and Circumstances:
      The evidence of record shows that on 6 April 2005, the applicant was charged with assault on a SSG, (050304), dereliction of duty, (041206), and wrongfully communicate to a SSG; a threat to kill a CPT, (041206).  On 25 June 2005, 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. The intermediate and senior intermediate commanders recommended approval of an under other than honorable conditions discharge.  On 21 July 2005, 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.
      
      0n 8 July 2005, a Sanity Board consisting of competent medical authority convened to inquire into the competency, mental responsibility and psychiatric diagnosis of the applicant.  The present diagnosis was: Axis I, R/O 309.81-Post Traumatic Stress Disorder, 303.90-Alcohol Dependence, in early partial remission, 296.40-Bipolar 1 Disorder, most recent episode manic, unspecified, Axis II, 301.7-Antisocial Personality Disorder, Axis III, Self-report of lower back pain, Axis IV, Legal procedings, post-deployment, separation from family, Axis V, GAF 60.  At the time of the alleged offenses, the diagnosis was:  Axis I, R/O 202.89-Anxiolytic Intoxication (for charges #2 and #3), R/O 309.81-Post Traumatic Stress Disorder, 300.3-Obsessive-Compulsive Disorder, 303.90-Alcohol Dependence, 296.40-Bipolar 1 Disorder, most recent episode manic, unspecified, Axis II-301.7-Antisocial Personality Disorder, Axis III-Lower back pain, Axis IV-Depolyment in combat zone, Axis V, GAF 62.       

      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 during the period of enlistment under review and the issue he submitted, the analyst recommends that the applicant’s characterization of service be upgraded to general, under honorable conditions.  This recommendation was made after full consideration of his faithful and honorable service, as well as his record of misconduct.  The evidence in this case supports a conclusion that the applicant’s characterization of service was too harsh, and as a result it is now inequitable.  While the applicant's misconduct is not condoned, the analyst found that the overall length and quality of the applicant's service to include his combat service; the circumstances surrounding the discharge and his post service accomplishments mitigated the discrediting entries in his service record.  However, the  reason for discharge was both proper and equitable.  This action entails a restoration of grade to SGT/E5.
      
      
      
      
      
      
      
      
      
      
      
      
         

VII.  Summary of Army Discharge Review Board Hearing 

Type of Hearing: 			Date: 20 June 2007              
Location: Washington, DC

Did the Applicant Testify?  Yes     No  

Counsel: NA

Witnesses/Observers: NA 

Exhibits Submitted: NA




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 3    No change 2   - Character
		 			      Change 0    No change 5   - 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 result it is now inequitable.  Accordingly, the Board voted to grant partial relief in the form of an upgrade of the characterization of service to general, under honorable conditions.  However, 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 SGT/E5. 

















Case report reviewed and verified by: Mr. Kenneth McFarley, Examiner									        
X.  Board Action Directed
No Change 
Issue a new DD Form 214  
Change Characterization to:    
Change Reason to: None
Other: NA
RE Code:  
Grade Restoration:   No   Yes  Grade: SGT/E5

XI.  Certification Signature and Date
Approval Authority: 

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

Official: 


MARY E. SHAW				DATE: 28 June 2007
Lieutenant Colonel, U.S. Army
Chief, Secretary Recorder
ARMY DISCHARGE REVIEW BOARD - CASE REPORT AND DIRECTIVE

Case Number AR20060008224

Applicant Name:  Mr.        
______________________________________________________________________


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