Application Receipt Date: 060817
Prior Review Prior Review Date: None
I. Applicant Request
Request: Upgrade Reason Change RE Code Change
Issues: See DD Form 293, with attachments. The applicant states that he regrets his decision to go AWOL, but it was due to a medical condition with his wife; that he would like to serve and again, clean up his record and earn an honorable discharge.
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: 920401
Discharge Received: Date: 920501
Chapter: 10 AR: 635-200
Reason: For the Good of the Service-In Lieu of Trial by Court-Martial
RE: SPD: KFS
Unit/Location: 58th Military Police Company, Schofield Barracks, Hawaii,
Time Lost: AWOL for 179 days from (910928-920324)/The applicant was apprehended by civil authorities and transferred to military control at Fort Knox, KY 40121.
Article 15s (Charges/Dates/Punishment): None
GOMOR-910819-Received a GOMOR for DUI on (910804).
Court-Martials (Charges/Dates/Punishment): None
Counseling Records Available: Yes No
IV. Soldiers Overall Record
DOB: 660322
Current ENL Date: Reenl/870714 Current ENL Term: 5 Years ?????
Current ENL Service: 4 Yrs, 3 Mos, 20 Days Includes 29 days of excess leave from (920403-920501).
Total Service: 6 Yrs, 3 Mos, 5 Days ?????
Previous Discharges: RA-850730-870713/HD
Highest Grade: E-5
Performance Ratings Available: Yes No
MOS: 11B10, Infantryman GT: 113 EDU: HS Grad Overseas: Hawaii Combat: None
Decorations/Awards: NDSM, NCOPDR, ASR, GCM
V. Post-Discharge Activity
Home of Record:
Current Address:
Post Service Accomplishments: Employment with a security firm, runs a security firm.
VI. Facts, Circumstances, and Legal Basis for Separation
a. Facts and Circumstances:
The evidence of record shows that on 2 April 1992, the applicant was charged with AWOL (910928-920325). On 2 April 1992, 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 veterans benefits. The applicant did not submit a statement in his own behalf. The unit and intermediate commanders recommended approval of an under other than honorable conditions discharge. On 14 April 1992, 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 at any time after the charges are preferred, submit a request for discharge for the good of the service in lieu of trial by court martial. 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 applicants military records, and the issue he submitted, the analyst found several mitigating factors that would merit an upgrade of the characterization of service 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. While the applicant's misconduct is not condoned, the evidence in this case supports a conclusion that the characterization of service was too harsh, and as a result it is now inequitable. The analyst found that the overall length and quality of the applicant's service and the time that has elasped since his discharge, mitigated the discrediting entries in his service record. However, the reason for discharge remains both proper and equitable.
VII. Summary of Army Discharge Review Board Hearing
Type of Hearing: Date: 5 February 2007
Location: Washington, D.C.
Did the Applicant Testify? Yes No
Counsel: None
Witnesses/Observers: Yes (2).
Exhibits Submitted: (10) documents in support of his testimony.
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 applicants record of service during the period of enlistment under review, hearing his testimony, and considering the analysts recommendation and rationale, the Board determined that the characterization was too harsh and as a result it is inequitable. The Board found that the overall length and quality of the applicant's service, and the circumstances surrounding the 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. This action entails a restoration of grade to SGT/E-5.
Case report reviewed and verified by: Mr. John Zangas, 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: SGT/E-5
XI. Certification Signature and Date
Approval Authority:
ROBERT L. HOUSE
Colonel, U.S. Army
President, Army Discharge Review Board
Official:
MARY E. SHAW DATE: 9 February 2007
Lieutenant Colonel, U.S. Army
Chief, Secretary Recorder
ARMY DISCHARGE REVIEW BOARD - CASE REPORT AND DIRECTIVE
Case Number AR20060012093
Applicant Name: Mr.
______________________________________________________________________
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