Application Receipt Date: 060712	

Prior Review    Prior Review Date: 980114 and 051214/Records

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

Issues: See applicant's 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: NIF
Discharge Received:     Date: 950630   
Chapter: 10    AR: 635-200
Reason: In Lieu Of Trial By Court-Martial
RE:     SPD: KFS
Unit/Location: I Company, 262nd Quartermaster Battalion, 23rd Quartermaster Brigade, Fort Lee, VA 23801 

Time Lost: None

Article 15s (Charges/Dates/Punishment): NIF

Court-Martials (Charges/Dates/Punishment): NIF

Counseling Records Available: Yes    No 

IV.  Soldier’s Overall Record
DOB:  631112  
Current ENL Date: 910520    Current ENL Term: 6 Years  The applicant extended 9 months on (940630).
Current ENL Service: 04  Yrs, 01 Mos, 11 Days      
Total Service:  13  Yrs, 07 Mos, 10 Days      
Previous Discharges: RA-820603-850411/HD
	                           RA-850412-871020/HD
	                           RA	-871021-890220/HD
	                           RA-890221-910519/HD
Highest Grade: E7
Performance Ratings Available: Yes    No 
MOS: 92A14 Automated Logistics Specialist   GT: 111    EDU: 14 Years                  Overseas: Germany/Korea/Somalia   Combat: Saudia Arabia/Kuwait (900905-910415)
Decorations/Awards: ARCOM (6), AAM (4), AGCM (4), NDSM, AFEM, SWASM w/3 BSS, HSM, NCOPDR w/3, ASR, OSR (2), KLM (Ku), JMUA
V.  Post-Discharge Activity
Home of Record: McCormick, SC 29835
Current Address: bbbyp12@netscape.com  
Post Service Accomplishments: None Listed 

VI.  Facts, Circumstances, and Legal Basis for Separation

a.  Facts and Circumstances:
The specific facts and circumstances leading to the applicant’s discharge from the Army are not contained in the available records.  However, the record does contain a properly constituted DD Form 214 (Certificate of Release or Discharge from Active Duty), which was authenticated by the applicant’s signature.  His DD Form 214 indicates that he was discharged under the provisions of Chapter 10, AR 635-200, for the good of the service-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 Trial by Court-Martial).   The evidence of record shows that on 28 June 1995,  DA, US Army Combined Arms Support Command, Fort Lee, Virginia, Orders 179-0179, discharged the applicant from the Regular Army, effective date: 30 June 1995.  The applicant was to be reduced to the lowest enlisted rank. 

The applicant has a CID Report of Investigation dated 10 May 1995, in his official Military Personnel File.  

b.  Legal Basis for Separation:  
Army Regulation 635-200 sets forth the basic authority for the separation of enlisted personnel.  Chapter l0 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 requests 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 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), which was authenticated by the applicant’s signature.   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 analyst determined that the reason for discharge and the characterization of service were both proper and equitable.  












   

VII.  Summary of Army Discharge Review Board Hearing 

Type of Hearing: 			Date: 3 December 2007              
Location: Washington, DC

Did the Applicant Testify?  Yes     No  

Counsel: Mr. Larry Provost
                The American Legion
                1608 K Street NW
                 Washington, DC 20006

Witnesses/Observers: None 

Exhibits Submitted: None




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 5    No change 0   - 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, hearing his testimony, 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 determined that the overall length and quality of the applicant's service; to include his combat 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.  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 SFC/E7. 
















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: SFC/E7

XI.  Certification Signature and Date
Approval Authority: 

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

Official: 


CHRISTINE U. MARTINSON			DATE: 4 December 2007
Lieutenant Colonel, U.S. Army
Chief, Secretary Recorder