Application Receipt Date: 061012	

Prior Review    Prior Review Date: None

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

Issues: See applicant's DD Form 293.

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: 970725   
Chapter: 10    AR: 635-200
Reason: In Lieu Of ATrial By Court-Martial
RE:     SPD: KFS
Unit/Location: HHC, U.S. Army Special Operations Command, Fort Bragg, NC 28307-5000 

Time Lost: None

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

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

Counseling Records Available: Yes    No 

IV.  Soldier’s Overall Record
DOB:  651015  
Current ENL Date: 930423    Current ENL Term: 5 Years  ?????
Current ENL Service: 04  Yrs, 03 Mos, 03 Days ?????
Total Service:  10 Yrs, 02 Mos, 13 Days ?????
Previous Discharges: RA-870513-930422/HD
Highest Grade: E6
Performance Ratings Available: Yes    No 
MOS: 18D1L W8 SF Medical Sergeant   GT: 122   EDU: HS Transcript   Overseas: Alaska   Combat: None
Decorations/Awards: ARCOM (4), AAM (2), AGCM (3), NDSM, AFEM, HSM, NCOPDR w/2, ASR, OSR, ASUA, ACFTCRWMN BDGE, PRCHTBDGE, SFTAB, PLFPRCHT BDGE 
V.  Post-Discharge Activity
Home of Record: 
Current Address: 
Post Service Accomplishments: The applicant claims he has continued to serve his community as a volunteer firefighter, police and emergency medical technician-paramedic.  He states volunteering at the local YMCA as a youth coach for various children athletic teams and church activities.

VI.  Facts, Circumstances, and Legal Basis for Separation

      a.  Facts and Circumstances:
      The evidence of record shows that on 9 June 1997, the applicant was charged with conspiring with a PVT to commit the offense of desertion, and in order to effect the object of the conspiracy, he provided the said PVT shelter and support to effect the said desertion or the continuation thereof, between on or about (960301 and 960512); conspired with a PVT to commit the offense of bigamy, and in order to effect the object of the conspiracy executed a false marriage license with the said PVT to effect the bigamous marriage, between on or about (960401 and 970301); conspired with a PVT to commit the offense of obtaining services under false pretenses, receiving medical care and other military dependent benefits of a value in excess of $3,000.00, and in order to effect the object of the conspiracy executed a false DD Form 1172, dated 15 August 1996, to effect the obtaining of services under false pretenses, between on or about (960815 and 970301); knowing that a PVT committed desertion with the intent to remain away permanently, an offense punishable under Uniformed Code Military Justice (UCMJ), in order to prevent apprehension, provided the PVT shelter and support, between on or about (960317 and 960512); who knew his duties, was derelict in the performance of those duties, in that he willfully failed to return a PVT, to military control, as it was his duty to do, between on or about (960317 and 960512); with intent to deceive, sign an official record, to wit, DD Form 1172, Application for Uniformed Services Identification Card, DEERS Enrollment, and make to a SSG, an official statement, that said SGS was his legally married wife, and that he was divorced, which statements were totally false, (960815); with intent to deceive, sign an official record, to wit:  POR data sheet, and make to a SSG, an official statement, to wit:  SGS was his legally married wife, which statement was totally false, (970111); wrongfully have sexual intercourse with SGS, a woman not his wife, between on or about (960301 and 970301); wrongfully cohabitate with SGS, a woman not his wife, between on or about (960301 and 970301); wrongfully and bigamously marry SGS, having at the time of his said marriage to SGS a lawful wife then living, (960408); with intent to defraud, falsely pretend to a SSG, that SGS was his lawful wife, then knowing that the pretenses were false, and by means thereof did wrongfully obtain from the United States Army services, of a value in excess of $3,000.00, to wit: obstetric and maternity medical care, commissary, post exchange, and MWR services, between on or about (960815 and 970301).  On 9 June 1997, 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 submitted a statement in his own behalf.  The unit commander recommended approval of the applicant request for discharge under the provisions of Chapter 10, AR 635-200 in lieu of trial by court-martial.  On 30 June 1997, 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 and the issues 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 found that the overall length and quality of the applicant's service; and the time that has elapsed since his 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 SSG/E6.    

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 4    No change 1   - 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 result it is now inequitable.  Accordingly, the Board voted to grant partial 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 SSG/E6.  

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: SSG/E6

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 AR20060014507

Applicant Name:  Mr.        
______________________________________________________________________


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