Application Receipt Date: 060905	

Prior Review    Prior Review Date: None

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

Issues: See applicant's attached DD Form 293 and supporting 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: 990608
Discharge Received:     Date: 990621   
Chapter: 10    AR: 635-200
Reason: In Lieu of Trial by Court-Martial
RE:     SPD: KFS
Unit/Location: United States Noncommissioned Officer Academy, Fort Sill, OK 

Time Lost: Absent without leave X 2, for a total of 49 days (990327-990419) and (990429-990523).  The applicant surrendered to military authorities at Fort Sill, OK, after both periods of AWOL.  


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

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

Counseling Records Available: Yes    No 

IV.  Soldier’s Overall Record
DOB:  710223  
Current ENL Date: 980204    Current ENL Term: 03 Years  ?????
Current ENL Service: 01 Yrs, 03Mos, 00Days (Based on applicant being AWOL(990327-990419) and (990429-990523) as shown on DA Form 4187's and DA Forms 4187-E's (Personnel Action) found in the available records. 
Total Service:  09 Yrs, 07Mos, 22Days (The applicant's DD Form 214 does not account for Prior Periods of Inactive Service which totals 04 yrs, 07 months, and 03 days)
Previous Discharges: USAR-890912-891114/NA
                                      ADT-891115-900329/UNC
                                      USAR-900330-901025/NA
                                      RA-901026-950629/HD
                                      USAR-950630-961021/NA
                                      USARCG-961022-970225/NA
                                      USAR-970226-980203/HD
Highest Grade: E5
Performance Ratings Available: Yes    No 
MOS: 92Y10 (Unit Supply Specialist)   GT: 94   EDU: 15 Yrs   Overseas: Korea, Panama   Combat: None
Decorations/Awards: ARCOM (2d Award), AAM (3d Award), AGCM, NDSM, NCOPDR, ASR, OSR (2d Award)
V.  Post-Discharge Activity
Home of Record: 
Current Address: 
Post Service Accomplishments: The applicant states that after his discharge from the Army, he has become a model citizen as an assistant director of a Head Start Child Care Center, Foster Parent and a married man with five children.  He also states that he has attained a Master of Business Administration (Human Resources), Bachelor of Science in Occupational Education (Accounting), Associate of Applied Science, CIS Degrees, and a Child Development Associate (CDA) Certification.  

VI.  Facts, Circumstances, and Legal Basis for Separation

      a.  Facts and Circumstances:
      The evidence of record shows that on 27 May 1999, the applicant was charged with going AWOL from (990327 to 990420), and (990428 to 990524).  On 27 May 1999, 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 unit commander reviewed the proposed discharge action and recommended approval of the separation action with an under other than honorable conditions discharge.  The intermediate commander reviewed the proposed discharge action and recommended approval of the separation action with a  under other than honorable conditions discharge.  On 17 June 1999, 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 issues 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 now inequitable.  While the applicant's misconduct is not condoned, the analyst noted that the overall length and quality of the applicant's service and his post service accomplishments mitigated the discrediting entries in his service record.  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 3    No change 2   - 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 now inequitable.  The Board determined that the overall length and quality of the applicant's service and his post service accomplishments, mitigated the discrediting entry in his 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.  The Board determined that the reason for discharge was both proper and equitable, and voted not to change it.  This action does entail a restoration of grade to SGT/E5. 
















Case report reviewed and verified by: Eric S. Moore, 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: SGT/E5

XI.  Certification Signature and Date
Approval Authority: 

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

Official: 


CHRISTINE U. MARTINSON			DATE: 28 November 2007
Lieutenant Colonel, U.S. Army
Chief, Secretary Recorder
ARMY DISCHARGE REVIEW BOARD - CASE REPORT AND DIRECTIVE

Case Number AR20060012654

Applicant Name:  Mr.        
______________________________________________________________________


Page 5 of 6 pages