Application Receipt Date: 060912	

Prior Review    Prior Review Date: Records/060807

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: 050520
Discharge Received:     Date: 050723   
Chapter: 10    AR: 635-200
Reason: In Lieu of Trial by Court-Martial
RE:     SPD: KFS
Unit/Location: B Battery, 1st Battalion, 43rd Air Defense Artillery, Camp Humphreys Transition Center, AP  96271-0567 

Time Lost: AWOL X 2, for a total of 48 days from (050123-050212) and (050418-050515).  He surrendered to the military authorities at Anderson Naval Hospital

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

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

Counseling Records Available: Yes    No 

IV.  Soldier’s Overall Record
DOB:  710711  
Current ENL Date: 011025    Current ENL Term: 5 Years  ?????
Current ENL Service: 3 Yrs, 7Mos, 11Days ?????
Total Service:  6 Yrs, 9Mos, 4Days ?????
Previous Discharges: RA-980901-011024/HD
Highest Grade: E5
Performance Ratings Available: Yes    No 
MOS: 14T20 (Patriot Launching Station Enhanced Operator Maintainer)   GT: 102   EDU: HS Grad   Overseas: Korea; Southwest Asia   Combat: Iraq
Decorations/Awards: AAM (2), GCMDL (2), NDSM, GWOTSM, KDSM, ASR, OSR
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 evidence of record shows that on 20 May 2005, the applicant was charged with AWOL X 2; from (050123-050213 and 050418-050516).  On 1 July 2005, 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 and intermediate commanders recommended approval of an under other than honorable conditions discharge.  On 12 July 2005, the General Court Martial Convening Authority approved the discharge with an under other than honorable conditions discharge.  On 12 July 2005, a forensic psychiatrist and the Chief of Psychiatry determined that "at the time of the alleged criminal misconduct and as a result of such severe mental disease or defect, the applicant was unable to appreciate the nature and quality or wrongfulness of his conduct."  On 15 July 2005, the General Court-Martial Convening Authority reviewed the request for discharge submitted by the applicant, the findings of the Mental Evaluation and the request to withdraw the discharge in lieu of court-martial, and declined to withdraw the discharge.  However, the General Court-Martial Convening Authority approved the discharge and directed that the characterization of service be changed to General, under honorable conditions, in light of the mental evaluation findings.  The applicant was to retain his current rank/grade.  On 23 July 2005, the applicant was discharged with a characterization of service of general, under honorable conditions.  
      
      On 7 August 2006, after a records review by the Army Discharge Review Board the applicant's discharge was upgraded to fully honorable.  However, the Board made no change to his narrative reason for discharge. 

      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, supporting documents and the issue he submitted, the analyst found no mitigating factors that would merit a change to the applicant’s narrative reason for discharge.  The evidence of record shows the applicant was charged with the commission of an offense punishable under the Uniform Code of Military Justice (UCMJ) with a punitive discharge.  The applicant consulted with defense counsel, and voluntarily in writing, requested separation from the Army in lieu of trial by court-martial.  In doing so, the applicant admitted guilt to the stipulated or lesser-included offenses under the UCMJ.  The analyst noted that all the requirements of law and regulation were met and the rights of the applicant were fully protected throughout the separation process.  It is also noted that the characterization of service for this type of discharge is normally under other than honorable conditions and that the applicant was aware of that prior to requesting discharge.  Therefore, the narrative reason for discharge remains both proper and equitable.  
      
      
      
      
      
      
      
      
      
      
      
      
      
      
      
      

VII.  Summary of Army Discharge Review Board Hearing 

Type of Hearing: 			Date: 061106              
Location: Washington, DC

Did the Applicant Testify?  Yes     No  

Counsel: None

Witnesses/Observers: None 

Exhibits Submitted: None




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 applicant’s record of service during the period of enlistment under review, hearing his testimony and considering the analyst’s recommendation and rationale, the Board determined that the narrative reason for discharge was too harsh, and as a result it is inequitable.  The Board does not condone the applicant’s misconduct; however, determined that the overall length and quality of the applicant's service, to include his combat service and the circumstances surrounding the discharge mitigated the discrediting entry in his service record.  Accordingly, the Board voted to change the narrative reason for discharge to Secretarial Authority.  This action does entail a change to the reentry eligibility (RE) code to (3).
















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: Secretarial Authority under Chapter 5 AR 635-200.
Other: NA
RE Code:  
Grade Restoration:   No   Yes  Grade: NA

XI.  Certification Signature and Date
Approval Authority: 

ROBERT L. HOUSE
Colonel, U.S. Army
President, Army Discharge Review Board

Official: 


ESMERALDA G. PROCTOR		DATE: 061113
Colonel, U.S. Army
Chief, Secretary Recorder
ARMY DISCHARGE REVIEW BOARD - CASE REPORT AND DIRECTIVE

Case Number AR20060013344

Applicant Name:  Mr.        
______________________________________________________________________


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