Application Receipt Date: 061011	

Prior Review    Prior Review Date: None

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

Issues: I was a young man going through a divorce and I wanted to be with my children.  My service was otherwise excellent.  I was III Corps Soldier of the Quarter. I was 1st Cav Soldier of the Quarter and I was 3rd Brigade Soldier of the Year.  I was promotable to E-5 with 18 months of service.  I passed my E-5 board with a score of 200 out of 200.  I was just a kid going through a hard time and I made an irrational decision.  For that I am truly sorry.  Please just look at my DD214.

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: 940224
Discharge Received:     Date: 940310   
Chapter: 10    AR: 635-200
Reason: In Lieu of Trial By Court-Martial
RE:     SPD: KFS
Unit/Location: B/3-8 CAV, Fort Hood,TX 76544 

Time Lost: AWOL, for a total of  35 days from 931109-931214. The applicant surrendered to military authorities at Fort Hood, Texas and was transferred to Fort Sill, OK.

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

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

Counseling Records Available: Yes    No 

IV.  Soldier's Overall Record
DOB:  711107  
Current ENL Date: 911126    Current ENL Term: 2 Years  24 weeks
Current ENL Service: 2 Yrs, 3Mos, 12Days      
Total Service:  2 Yrs, 3Mos, 12Days   Applicant was placed on excess leave for  114 days (931220-940413)
Previous Discharges: None
Highest Grade: E-4
Performance Ratings Available: Yes    No 
MOS: 91B10 /Medical NCO   GT: 125   EDU: HS Grad   Overseas: None   Combat: None
Decorations/Awards: NDSM, ASR, ARCOM-3
Two DA Form 638-1 in the OPMF indicate that the applicant received a 2nd and 3rd award of ARCOM for Fort Hood Soldier of the Quarter and 3rd "Gray Wolf" Brigade Soldier of the Quarter.
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 16 December 1993, the applicant was charged with AWOL (931109-931214).  On 20 December 1993, 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 recommended approval of an under other than honorable conditions discharge.  On 10 March 1994, 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 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 fully honorable.  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 noted that the overall length and quality of the applicant's service, time elapsed and the circumstances surrounding the discharge 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 SPC/E-4.    

VII.  Summary of Army Discharge Review Board Hearing 

Type of Hearing: 			Date: 12 December 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 based on length and quality of the applicant's service and time elapsed since the applicant's discharge and as a result it is inequitable.  Accordingly, the Board voted to grant 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 proper and equitable and voted not to change it.  

Case report reviewed and verified by: Chuck Busick, 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: 

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
ARMY DISCHARGE REVIEW BOARD - CASE REPORT AND DIRECTIVE

Case Number AR20060014470

Applicant Name:  Mr.      
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