Application Receipt Date: 061016	

Prior Review    Prior Review Date: None

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

Issues: See applicant's attached DD Form 293 and supporting document.

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: 031005
Discharge Received:     Date: 031114   
Chapter: 10    AR: 635-200
Reason: In Lieu of Trial by Court-Martial
RE:     SPD: KFS
Unit/Location: D Battery, 319th AFAR, 173d Airborne Brigade, 4th Infantry Division (Mechanized), Tikrit, Iraq 

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:  721021  
Current ENL Date: 001106    Current ENL Term: 04 Years  ?????
Current ENL Service: 03 Yrs, 11Mos, 09Days ?????
Total Service:  13 Yrs, 07Mos, 15Days ?????
Previous Discharges: ARNGUS-900329-900603
                                      ADT-900604-901012/UNC
                                      ARNGUS-901013-910429/NA
                                      RA-910430-940830/HD
                                        RA-910831-971029/HD
                                        RA-971030-991031/HD
                                        RA-991101-001105/HD
Highest Grade: E6
Performance Ratings Available: Yes    No 
MOS: 31U1P (Signal Support Systems Specialist)   GT: 81   EDU: HS Grad   Overseas: Korea   Combat: Iraq (Dates are unknown)
Decorations/Awards: ARCOM (2d Award), AAM (6st Award), AGCM (3d Award), NDSM (2d Award), AFEM, NCOPDR, ASR, OSR (#2), UNM, Parachutist Badge
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 14 September 2003, the applicant was charged with committing an assault on a foreign national by pointing at his head with a dangerous weapon " a loaded firearm, unlawfully stiking a foreign national on the body with his hand, unlawfully striking a foreign national by tripping him with his foot, and unlawfully striking a foreign national in the face and stomach with his hand on 2 August 2003.  The applicant's request for discharge in lieu of trail by court-martial is not part of the available record and the analyst is presuming Government regularity in the discharge process.  On 5 October 2003, the chain of command recommended approval with an under, other than honorable condition discharge.  On 23 October 2003, the separation authority waived further rehabilitative efforts and directed that the applicant be discharged with a characterization of service of under other than honorable conditions discharge and that he be reduced to the lowest enlisted pay grade private/E1.

      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, and the issue he submited, the analyst found no mitigating factors that would merit an upgrade of the applicant's discharge.  The applicant’s DD Form 214 (Certificate of Release or Discharge from Active Duty), identifies the reason and characterization of the discharge and the analyst presumed Government regularity in the discharge process.  The evidence of record shows the applicant was discharged under the provisions of Chapter 10, AR 635-200, in lieu of trial by court-martial.  In connection with such a discharge, the applicant was charged with the commission of an offense punishable under the Uniform Code of Military Justice (UCMJ) with a punitive discharge.  Procedurally, the applicant was required to consult with defense counsel and to voluntarily, and in writing, request 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.  In the absence of information to the contrary, it is presumed that all 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 would have been aware of that prior to requesting discharge.  Therefore, 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: 15 March 2007              
Location: Dallas, TX

Did the Applicant Testify?  Yes     No  

Counsel: Yes

Witnesses/Observers: No 

Exhibits Submitted: Two letters of recommendation.




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 discharge is now inequitable.  The Board found that the overall length and quality of the applicant's service, to include his combat service, the circumstances surrounding the discharge, and his post service accomplishments, mitigated the discrediting entries in the service record.  Accordingly, the Board voted to grant relief in the form of an upgrade of the characterization of service to fully honorable and change the narrative reason for separation to Secretarial Authority.  This action does entail a change to the reentry eligibility (RE) code to "1", and a restoration of grade to Staff Sergeant/E6.















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: E6

XI.  Certification Signature and Date
Approval Authority: 

MARK E. COLLINS
Colonel, U.S. Army
President, Army Discharge Review Board

Official: 


MARY E. SHAW				DATE: 23 March 2007
Lieutenant Colonel, U.S. Army
Chief, Secretary Recorder
ARMY DISCHARGE REVIEW BOARD - CASE REPORT AND DIRECTIVE

Case Number AR20060014777

Applicant Name:  Mr.        
______________________________________________________________________


Page 5 of 5 pages