Application Receipt Date: 2006/10/19	

Prior Review    Prior Review Date: None

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

Issues: The applicant states that his discharge was based on one isolated incident in his 24 months of service.  He wants to rejoin the Army National Guard.  His mistake was due to his young age and immaturity and would like to make amends by rejoining; he says that he was a good soldier for over 2 years and that he was the outstanding graduate in his basic training class.  He has graduated from college with a 3.89 GPA and was awarded a BS in Information Technology; he now owns a successful business and has become an outstanding citizen in his community.  Additional information is provided in his attached statement.

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: 951026
Discharge Received:     Date: 960206   
Chapter: 10    AR: 635-200
Reason: In Lieu of Court Martial
RE:     SPD: KFS
Unit/Location: C Co, 3-66 AR Bn, 2d AD, Fort Hood, TX 

Time Lost: 48 days, AWOL (950905-951022), surrendered at Fort Knox, KY

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

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

Counseling Records Available: Yes    No 

IV.  Soldier’s Overall Record
DOB:  750903  
Current ENL Date: 931020    Current ENL Term: 3 Years  ?????
Current ENL Service: 02 Yrs, 01Mos, 29Days ?????
Total Service:  02 Yrs, 01Mos, 29Days Includes 104 days of excess leave (951026-960206).
Previous Discharges: None
Highest Grade: E-3
Performance Ratings Available: Yes    No 
MOS: 19K10/Armor Crewman   GT: 124   EDU: HS Grad   Overseas: None   Combat: None
Decorations/Awards: NDSM, ASR
V.  Post-Discharge Activity
Home of Record: 
Current Address: 
Post Service Accomplishments: Has graduated from college and owns a successful business.

VI.  Facts, Circumstances, and Legal Basis for Separation

      a.  Facts and Circumstances:
      The evidence of record shows that on 26 October 1995, the applicant was charged with AWOL (950905-951022) from his unit, B/3-66 Armor, at Fort Hood, Texas.  On 26 October 1995, 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 7 December 1995, 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 for the period of enlistment under review, the issue and documents he submitted, the analyst recommends to the Board that the applicant’s characterization of service be upgraded to general, under honorable conditions.  There was a full consideration of all faithful and honorable service as well as the infractions of discipline, the extent thereof, and the seriousness of the offenses.  The analyst does not condone the applicant’s misconduct; however, determined that the characterization of service is now inequitable.  The analyst found that the overall length and quality of the applicant’s service, the time that has elapsed since his discharge, and his post-service accomplishments, mitigated the discrediting entry in his service record.  However, the analyst determined that the reason for discharge was both proper and equitable.

VII.  Summary of Army Discharge Review Board Hearing 

Type of Hearing: 			Date: 28 November 2007              
Location: Washington, D.C.

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 the overall length and quality of the applicant’s service, the time that has elapsed since his discharge, and his post-service accomplishments 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: Alejandro Champin, 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: E-3

XI.  Certification Signature and Date
Approval Authority: 

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

Official: 


CHRISTINE U. MARTINSON			DATE: 30 November 2007
Lieutenant Colonel, U.S. Army
Chief, Secretary Recorder
ARMY DISCHARGE REVIEW BOARD - CASE REPORT AND DIRECTIVE

Case Number AR20060014814

Applicant Name:  Mr.       
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