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ARMY | DRB | CY2006 | AR20060012263
Original file (AR20060012263.txt) Auto-classification: Denied
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.  Soldier’s 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 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, 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 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, 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 applicant’s misconduct; however, determined that the characterization of service granted was inequitable.  Notwithstanding the propriety of the applicant’s 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 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 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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