Application Receipt Date: 060823	

Prior Review    Prior Review Date: None

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

Issues: See DD Form 293 and attached documents.

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: 050622   
Chapter: 10    AR: 635-200
Reason: In Lieu Of Trial By Court-Martial
RE:     SPD: KFS
Unit/Location: 24th Transportation Company, 541st Maintenance Battalion, Fort Riley, KS 66442 

Time Lost: Confinement Civil Authority-53 days, from (050331-050619).  Item 29 on DD Form 214, dates of time lost during this period is incorrect, should be 53 days, from (050426-050610), see DA Form 4187s.   

Article 15s (Charges/Dates/Punishment): None

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

Counseling Records Available: Yes    No 

IV.  Soldier’s Overall Record
DOB:  790206  
Current ENL Date: 040422    Current ENL Term: 3 Years  ?????
Current ENL Service: 01 Yrs, 00 Mos, 07 Days Item 12c on the DD Form 214, net active service this period is incorrect, it reads 00 Yrs, 11 Mos, 10 days, should read 01 Yrs, 00 Mos, 7 days.  The confinement period is incorrect and thereby caused the net active service to change.
Total Service:  02 Yrs, 04 Mos, 08 Days Item 12 e on DD Form 214, total prior inactive service is incorrect, should read 01 Yrs, 02 Mos, 25 Days, 
Previous Discharges: RA-000803-000908/UNC
                                      USAR-030127-040421/HD
Highest Grade: E3
Performance Ratings Available: Yes    No 
MOS: 63B10 Light Wheel Vehicle Mechanic    GT: NIF   EDU: College Transcript   Overseas: SouthWest Asia   Combat: Iraq (041226-050216)
Decorations/Awards: NDSM, ICM, GWOTSM, ASR
V.  Post-Discharge Activity
Home of Record: 
Current Address: 
Post Service Accomplishments: None Listed

VI.  Facts, Circumstances, and Legal Basis for Separation

      a.  Facts and Circumstances:
      On 30 March 2005, the applicant was diagnosed by competent medical authority with the following; Axis I:  Adjustment Disorder with Depressed Mood and Anxiety; Axis II:  Personality Disorder, Not Otherwise Specified with Borderline/Dependent Features.  The medical authority recommended expeditious administrative separation from the military in accordance with AR 635-200, Chapter 5-13.  The evidence of record shows that on 26 April 2005, the applicant was charged with missing movement, (4 March 2005), wrongfully communicate to a SGT a threat to kill a LTC, (30 March 2005), and having received a lawful command from a LTC, to redeploy to Iraq, willfully disobeyed the same, (30 March 2005).  On 2 May 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 record is void of the applicant's chain of command's recommendation for approval of an under other than honorable conditions discharge, and the analyst presumed Government regularity in the discharge process.  On 20 June 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.
      

      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, the issue and documents 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 inequitable.  While the applicant's misconduct is not condoned, the analyst found that the length of the applicant's service to include his combat service; and the circumstances surrounding the discharge, 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 PFC/E3.

VII.  Summary of Army Discharge Review Board Hearing 

Type of Hearing: 			Date: 12 September 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 2    No change 3   - 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 discharge was both proper and equitable, voted to deny relief.





















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: None

XI.  Certification Signature and Date
Approval Authority: 

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

Official: 


CHRISTINE U. MARTINSON			DATE: 20 September 2007
Lieutenant Colonel, U.S. Army
Chief, Secretary Recorder
ARMY DISCHARGE REVIEW BOARD - CASE REPORT AND DIRECTIVE

Case Number AR20060012069

Applicant Name:  Mr.        
______________________________________________________________________


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