Application Receipt Date: 2006/10/23	

Prior Review    Prior Review Date: None

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

Issues: The applicant states that he was a good soldier and was never in any trouble while in the military.  At the time of his AWOL he was having marital problems, and had a lot of stress built.  He was going to the field, was in little debt and needed some time to sort it out.  He served in Korea, Germany, and Kuwait was in a promotable status and had served honorably for over 6 years, he received numerous awards and was a PLDC graduate.  He acknowledges his mistake and regrets it.  The Army showed him a lot and he now encourages other young men to serve in the Army as well.

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: 960821
Discharge Received:     Date: 970205   
Chapter: 14-12b    AR: 635-200
Reason: Misconduct
RE:     SPD: JKA
Unit/Location: Service Battery, 1-41 FA Bn, Fort Stewart, GA 

Time Lost: AWOL 8 days (960723-960729), confined civil authorities 14 days (960801-960814).  Total time lost 22 days.

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

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

Counseling Records Available: Yes    No 

IV.  Soldier's Overall Record
DOB:  710907  
Current ENL Date: 950824    Current ENL Term: 2 Years  3 months extension
Current ENL Service: 01 Yrs, 04Mos, 22Days      
Total Service:  07 Yrs, 01Mos, 23Days      
Previous Discharges: RA, 891122-930415/HD
                                      RA, 930416-950823/HD
Highest Grade: E-4(P)
Performance Ratings Available: Yes    No 
MOS: 63B10/Light Vehicle Mechanic   GT: 86   EDU: HS Grad   Overseas: Germany, Korea, Kuwait   Combat: None
Decorations/Awards: NDSM, ASR, GCM
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:
      Evidence of record shows that on 21 August 1996, the unit commander notified the applicant of initiation of separation action under the provisions of Chapter 14, AR 635-200, by reason of misconduct-commission of a serious offense for having multiple periods of AWOL, with an under other than honorable conditions discharge.  He was advised of his rights.  On 28 August 1996, the applicant consulted with legal counsel, was advised of the impact of the discharge action, unconditionally waived his right to an administrative separation board, and submitted a statement in his own behalf.  The unit commander subsequently recommended separation from the service and waiver of further rehabilitative efforts.  The intermediate commander reviewed the proposed discharge action and recommended approval of the separation action with a under other than honorable conditions discharge.  On 26 November 1996, 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.

      b.  Legal Basis for Separation:  
      Army Regulation 635-200 sets forth the basic authority for the separation of enlisted personnel.  Chapter 14 establishes policy and prescribes procedures for separating members for misconduct.  Specific categories include minor disciplinary infractions, a pattern of misconduct, and commission of a serious offense, to include abuse of illegal drugs, convictions by civil authorities and desertion or absence without leave.  Action will be taken to separate a member for misconduct when it is clearly established that rehabilitation is impractical or unlikely to succeed.  Army policy states that an under other than honorable conditions discharge is normally considered appropriate, but a general discharge under honorable conditions or an honorable discharge may be granted.  

      c.  Response to Issues, Recommendation and Rationale:  
      After a careful review of all the applicant's military records, and the independent evidence he submitted, the analyst recommends to the Board 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 inequitable.  The analyst determined that the overall length and quality of the applicant's service, the circumstances surrounding his discharge, and the time that has elapsed since his discharge mitigated the discrediting entry in his service record.  However, the reason for discharge was both proper and equitable.    

VII.  Summary of Army Discharge Review Board Hearing 

Type of Hearing: 			Date: 5 December 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 the circumstances surrounding his discharge and as a result it is inequitable.  Accordingly, the Board voted to grant full 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-4

XI.  Certification Signature and Date
Approval Authority: 

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

Official: 


CHRISTINE U. MARTINSON			DATE: 7 December 2007
Lieutenant Colonel, U.S. Army
Chief, Secretary Recorder
ARMY DISCHARGE REVIEW BOARD - CASE REPORT AND DIRECTIVE

Case Number AR20060015136

Applicant Name:  Mr.        
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