Application Receipt Date: 061130	

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: 061108
Discharge Received:     Date: 061117   
Chapter: 10    AR: 635-200
Reason: In Lieu of Trial by Court-Martial
RE:     SPD: KFS
Unit/Location: C Company, 2nd Battalion, 327th Infantry Regiment, 1st Brigade Combat Team, 101st Airborne Division (Air Assault), Fort Campbell, KY 

Time Lost: None

Article 15s (Charges/Dates/Punishment): 060428/Disobeying a lawful order from a noncommissioned officer (SSG)/(Field Grade)

060529/Suspension of punishment of "reduction to private first class (E3)" was vacated, due to the applicant failing to go at the time prescribed to his appointed place of duty on or about (060505).

2nd Article 15:060531/Disobeying a lawful order from a senior noncommission officer (1SG and SFC) and a junior noncommissioned officer (SGT), and assault on two other Soldiers/(Field Grade)

060803/Suspension of punishment of "extra duty for 45 days" was vacated, due to the applicant being disrespectful in language and deportment towards a noncommission officer on or about (060729).

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

Counseling Records Available: Yes    No 

IV.  Soldier’s Overall Record
DOB:  830806  
Current ENL Date: 040205    Current ENL Term: 03 Years  ?????
Current ENL Service: 02 Yrs, 09Mos, 13Days ?????
Total Service:  02 Yrs, 09Mos, 13Days ?????
Previous Discharges: None
Highest Grade: E4
Performance Ratings Available: Yes    No 
MOS: 11B10 (Infantryman)   GT: 78   EDU: HS Grad   Overseas: Kuwait   Combat: Iraq (050928-060611)
Decorations/Awards: NDSM, GWOTSM, ICM, ASR, CIB, Air Assault Badge, OSR
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 22 August 2006, the applicant was charged with one specification of leaving his appointed place of duty on or about 3 August 2006; two specifications of willfully disobeying a lawful order from a superior noncommissioned officer on or about 29 July 2006 and on or about 3 August 2006; two specifications of disrespect towards superior noncommissioned officers, on or about 29 July 2006 and on or about 3 August 2006.  On 22 August 2006, the applicant consulted with legal counsel and voluntarily requested, in writing, discharge under the provisions of Chapter l0, 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 stated that he understood that he could receive a discharge under other than honorable conditions and that the discharge would have a significant effect on eligibility for veteran’s benefits.  The applicant did not submit a statement on his own behalf.  On 8 November 2006, the applicant's chain of command recommended approval of the request with an under other than honorable conditions discharge.  On 8 November 2006, the separation authority approved the discharge with an under other than honorable conditions discharge.  
      
      Records also show that the applicant was evaluated by a psychiatrist on 16 August 2006, for major depressive disorder, recurrent, severe with psychotic features and determined to be unfit for military duty at that time.

      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 carefully examining the applicant’s record of service during the period of enlistment under review, the analyst found several mitigating factors that would merit a partial upgrade of the applicant's characterization of service to general, under honorable conditions.  The analyst does not condone the applicant’s misconduct; however, the evidence in this case supports a conclusion that the characterization of service was too harsh, and as a result it is inequitable.  The analyst found that the length of the applicant's service to include his combat service and the medical circumstances surrounding his discharge mitigated the discrediting entries 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: 3 October 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 3    No change 2   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 a result it is inequitable.  The Board found that the circumstances surrounding the applicant discharge, mitigated the discrediting entries in his service record.  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.

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: NA
Other: NA
RE Code:  
Grade Restoration:   No   Yes  Grade: NA

XI.  Certification Signature and Date
Approval Authority: 

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

Official: 

CHRISTINE U. MARTINSON			DATE: 11 October 2007
Lieutenant Colonel, U.S. Army
Chief, Secretary Recorder
ARMY DISCHARGE REVIEW BOARD - CASE REPORT AND DIRECTIVE

Case Number AR20060016565

Applicant Name:  Mr.        
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