Application Receipt Date: 061011	

Prior Review    Prior Review Date: None

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

Issues: The applicant states, in effect, that he wanted transformation, and he will proudly serve his country again.  If he would be allowed to, he never wanted out.  If he get granted another discharge, he will enlist immediately.  

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: 051026
Discharge Received:     Date: 060203   
Chapter: 10    AR: 635-200
Reason: In Lieu of Trial by Court-Martial
RE:     SPD: KFS
Unit/Location: C Troop, 1st Squadron, 7th Cavalry, 1st Brigade, 1st Cavalry Division, Fort Hood TX  76544 

Time Lost: AWOL, for a total of 90 days from (051020 to 060119).  The applicant's mode of return to military authorities documentation is not in the available records.

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

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

Counseling Records Available: Yes    No 

IV.  Soldier’s Overall Record
DOB:  800728  
Current ENL Date: 020325    Current ENL Term: 4 Years  ?????
Current ENL Service: 3 Yrs, 7 Mos, 9 Days ?????
Total Service:  3 Yrs, 7 Mos, 9 Days ?????
Previous Discharges: None
Highest Grade: E3
Performance Ratings Available: Yes    No 
MOS: 19D10 Cavalry Scout   GT: NIF   EDU: HS Grad   Overseas: Southwest Asia   Combat: Iraq (040311-050310)
Decorations/Awards: ARCOM, GCMDL, NDSM, GWOTSM, ASR, Iraq Campaign Medal
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 the complete facts and circumstances concerning the events that led to a discharge from the Army.  However, the evidence of record shows that on 26 October 2005, the applicant was charged with wrongfully transporting a loaded firearm in his automobile (051018), violated a lawful general regulation x 2, by not registering his Smith & Wesson .40 caliber pistol with the Provost Marshal Office (051018); and by not registering his Bryco Arms 9mm pistol with the Provost Marshal Office (051018) and failed to obey a lawful order issued by a 2nd LT, by wrongfully driving his car while under the influence of pain medication, (051018); (the continuation sheet is not in the available records).  On 19 January 2006, 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.  Also, the record contains 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., in lieu of trial by court-martial) with a reentry eligibility (RE) code of "4." 
      
      
      
      
      
      
      
      

      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, and the issue he submitted, the analyst found no mitigating factors that would merit an upgrade of the discharge under review.  The applicant’s record is void of the complete facts and circumstances concerning the events that led to a discharge from the Army, and the analyst presumed Government regularity in the discharge process.  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.  Furthermore, at the time of discharge the applicant was appropriately assigned a reentry eligibility (RE) code of “4.”  An RE code of “4” can not be waived and the applicant is no longer eligible for reenlistment.  Therefore, the analyst determined that the reason for discharge and the characterization of service remains both proper and equitable. 
      
      
      
      
      
      
      
      
      

VII.  Summary of Army Discharge Review Board Hearing 

Type of Hearing: 			Date: 14 May 2007              
Location: Washington, DC

Did the Applicant Testify?  Yes     No  

Counsel: yes [redacted]


Witnesses/Observers: Yes/Mother 

Exhibits Submitted: Five pages of Court Documents at the hearing; however, they are not part of the available record.




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 available 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 discharge was 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 grant relief in the form of an upgrade of the characterization of service to fully honorable and a change to the narrative reason for separation to Secretarial Authority.  This action entails a change to the reentry eligibility (RE) code to “1.”  


















Case report reviewed and verified by: Mr. Ron Williams, 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: None
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: 


MARY E. SHAW				DATE: 21 May 2007
Lieutenant Colonel, U.S. Army
Chief, Secretary Recorder
ARMY DISCHARGE REVIEW BOARD - CASE REPORT AND DIRECTIVE

Case Number AR20060014467

Applicant Name:  Mr.        
______________________________________________________________________


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