Application Receipt Date: 060901
Prior Review Prior Review Date: None
I. Applicant Request
Request: Upgrade Reason Change RE Code Change
Issues: See DD Form 293 with nine (9) attachments.
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: 050920
Chapter: 10 AR: 635-200
Reason: In Lieu of trial by Court-Martial
RE: SPD: KFS
Unit/Location: 57th Transportation Company, Fort Drum, New York
Time Lost: None
Article 15s (Charges/Dates/Punishment): None
Court-Martials (Charges/Dates/Punishment): None
Counseling Records Available: Yes No
IV. Soldiers Overall Record
DOB: 820311
Current ENL Date: 040330 Current ENL Term: 4 Years 17 weeks
Current ENL Service: 1 Yrs, 5Mos, 21Days
Total Service: 1 Yrs, 5Mos, 21Days
Previous Discharges: None
Highest Grade: E3
Performance Ratings Available: Yes No
MOS: 88M10 Motor Transport Operator GT: 91 EDU: HS Grad Overseas: Southwest Asia Combat: Iraq 2005
Decorations/Awards: NDSM
V. Post-Discharge Activity
Home of Record: 14611 Harvey Street, Harvey IL, 60426
Current Address: 17113 Whittier Avenue
Hazel Crest IL 60429
Post Service Accomplishments: NA
VI. Facts, Circumstances, and Legal Basis for Separation
a. Facts and Circumstances:
The specific facts and circumstances leading to the applicants 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 applicants signature. His DD Form 214 indicates that he was discharged under the provisions of Chapter 10, AR 635-200, 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) with a reentry eligibility (RE) code of "4." On 20 September 2005, Orders 263-1017, DA, HQ, 10th Mountain Division (Light Infantry), Fort Drum, NY 13602-6469, discharged the applicant from the Regular Army, effective date: 20 September 2005.
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 individuals 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 applicants available military records, documents and the issue he submitted, the analyst found several mitigating factors that would merit a partial 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. The analyst does not condone the applicants misconduct; however, determined that the characterization of service granted was inequitable. Notwithstanding the propriety of the applicants discharge, the analyst found that the length of the applicant's service, to include his combat service, the circumstances surrounding his discharge and the documentation from competent medical authorities, mitigated the discrediting entry in his service record. Accordingly, the analyst recommends to the Board that the characterization of service be upgraded to general, under honorable conditions. However, the analyst determined that the reason for discharge was both proper and equitable.
VII. Summary of Army Discharge Review Board Hearing
Type of Hearing: Date: 21 November 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 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 applicants record of service during the period of enlistment under review, and considering the analysts recommendation and rationale, the Board determined that the characterization of service was too harsh and as a result, it is inequitable. While the Board does not condone the applicant's misconduct, it found that the circumstances surrounding the discharge and his combat service, mitigated the discrediting entry in the service record. 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 PFC/E3.
Case report reviewed and verified by: Ron Williams, Examiner
X. Board Action Directed
No Change
Issue a new DD Form 214
Change Characterization to:
Change Reason to: NA
Other: NA
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:
CHRISTINE U. MARTINSON DATE: 14 December 2007
Lieutenant Colonel, U.S. Army
Chief, Secretary Recorder
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