Application Receipt Date: 060913	

Prior Review    Prior Review Date: None

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

Issues: See applicant's 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: 040920   
Chapter: 10    AR: 635-200
Reason: In Lieu Of Trial By Court-Martial
RE:     SPD: KFS
Unit/Location: Battery B, 1st Battalion, 41st Field Artillery, Fort Stewart, GA 31314  

Time Lost: AWOL-135 days from (031205-040420), surrendered to military authorities at Fort Stewart, GA on (040420) and transferred to Fort Knox, KY.  The applicant was also AWOL-28 days from (031015-031112), mode of return to military control not in the file.  The applicant had a total of 163 days of lost time. 

Article 15s (Charges/Dates/Punishment): NIF

Court-Martials (Charges/Dates/Punishment): NIF

Counseling Records Available: Yes    No 

IV.  Soldier’s Overall Record
DOB:  830224  
Current ENL Date: 010711    Current ENL Term: 4 Years  ?????
Current ENL Service: 02  Yrs, 08 Mos, 23 Days ?????
Total Service:  02  Yrs, 08 Mos, 23 Days ?????
Previous Discharges: None
Highest Grade: E3
Performance Ratings Available: Yes    No 
MOS: 13B10 Cannon Crewmember   GT: 113   EDU: HS Grad   Overseas: Korea   Combat: Iraq (030119-030724)
Decorations/Awards: ARCOM, AAM, NDSM, GWOTEM, GWOTSM, KDSM, ASR, OSR, PUC
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:
      The applicant’s record is void of facts and circumstances concerning the events that led to a discharge from the Army.  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, for the good of the service-in lieu of 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 court-martial), with a reentry eligibility (RE) code of "4."  On 20 September 2004, Orders 264-0023, DA, Headquarters, 3rd Infantry Division, Fort Stewart, GA, discharged the applicant from the Regular Army, effective date:  21 September 2004.  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 available 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 inequitable.  While the applicant's misconduct is not condoned, the analyst found that the overall length and quality of the applicant's service, to include his combat service, and the supporting medical documents from the Veterans Administration, mitigated the discrediting entries in his service record.  However, the analyst determined that 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: 26 October 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 does not condone the applicant's misconduct, however the Board determined that the characterization of service was too harsh, and as a result it is inequitable.  The Board determined that the applicant's combat service and the circumstances surrounding his discharge, mitigated the discrediting entries in his service record.  Accordingly, the Board voted to grant full 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: 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: 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: 5 November 2007
Lieutenant Colonel, U.S. Army
Chief, Secretary Recorder
ARMY DISCHARGE REVIEW BOARD - CASE REPORT AND DIRECTIVE

Case Number AR20060013027

Applicant Name:  Mr.        
______________________________________________________________________


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