Application Receipt Date: 061207	

Prior Review    Prior Review Date: None

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

Issues: See DD Form 293 and attached documents. 

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: 040729
Discharge Received:     Date: 040831   
Chapter: 10    AR: 635-200
Reason: In Lieu Of Trial By Court-Martial
RE:     SPD: KFS
Unit/Location: F Company 2nd Bn 69th Armor 3rd ID Fort Benning, GA 31905 

Time Lost: None

Article 15s (Charges/Dates/Punishment): 030212-without authority, fail to go to his appointed place of duty x 3, (031002 x 2) and (031117), (Company Grade).

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

Counseling Records Available: Yes    No 

IV.  Soldier’s Overall Record
DOB:  800919  
Current ENL Date: 020415    Current ENL Term: 3 Years  ?????
Current ENL Service: 02 Yrs, 04 Mos, 16 Days ?????
Total Service:  02 Yrs, 04 Mos, 16 Days ?????
Previous Discharges: None
Highest Grade: E3
Performance Ratings Available: Yes    No 
MOS: 63M10 Bradley Fighting Veh Sys Maintainer   GT: 105   EDU: HS Grad   Overseas: SWA   Combat: Iraq (NIF)
Decorations/Awards: ARCOM, NDSM, GWOTEM, GWOTSM, ASR, PUC/A-AF
V.  Post-Discharge Activity
Home of Record: 
Current Address: 
Post Service Accomplishments: The applicant claims he is currently working as a contractor in Iraq .

VI.  Facts, Circumstances, and Legal Basis for Separation

      a.  Facts and Circumstances:
      The evidence of record shows that on 12 July 2004, the applicant was charged with disobeying a lawful order from a first sergeant (040622), disrespectful in language and deportment towards a first sergeant (040622), violated a lawful general regulation, by wrongfully possessing his privately owned firearm, a Ruger 9mm pistol, without having an authorized purpose, wrongfully transporting his privately owned firearm under the passenger seat of his vehicle, wrongfully transporting his privately owned firearm with a loaded magazine, and failing to register his privately owned firearm with the Provost Marshal Vehicle/Firearms Registration Section within three working days of its introduction onto the installation, (040421), wrongfully use provoking words towards  first sergeant, (040622).  On 27 July 2004, 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 applicant's chain of command recommended approval of the request for discharge in lieu of trial by court-martial with an under other than honorable conditions discharge.  On 30 July 2004, the separation authority approved the discharge and directed that the applicant be separated from the Army 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 careful review of all the applicant's military records during the period of enlistment under review, the issue and documents he submitted, the analyst recommends that the applicant's request for an upgrade of his characterization of service be denied.  The evidence of record shows the applicant was charged with the commission of an offense punishable under the Uniform Code of Military Justice (UCMJ) with a punitive discharge.  The applicant consulted with defense counsel, and voluntarily in writing, requested 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 UCMJ.  All the 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 was aware of this prior to requesting discharge.  The analyst determined that the reason for discharge and the characterization of service were both proper and equitable.

VII.  Summary of Army Discharge Review Board Hearing 

Type of Hearing: 			Date: 14 May 2007              
Location: Tampa, FL

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     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 and considering the analyst’s recommendation and rationale, the Board determined that the discharge was both proper and equitable, voted not to change it.





















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: None

XI.  Certification Signature and Date
Approval Authority: 

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

Official: 


MARY E. SHAW				DATE: 21 May 2007
Lieutenant Colonel, U.S. Army
Chief, Secretary Recorder
ARMY DISCHARGE REVIEW BOARD - CASE REPORT AND DIRECTIVE

Case Number AR20060016780

Applicant Name:  Mr.        
______________________________________________________________________


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