Application Receipt Date: 061213	

Prior Review    Prior Review Date: None

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

Issues: I believe that my discharge should be upgraded for the fact that I was accused of something that I did not do and my company commander at the time just wanted me out of the military.  At the time everything took place, the military was in the process of building down the military in Germany and I feel this is just a way to help. 

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: NIF
Discharge Received:     Date: 920110   
Chapter: 10      AR: 635-200
Reason: For the good of the service- In lieu of court- martial
RE:     SPD: KFS
Unit/Location: C CO, 1/41st IN RGT, 2d AD, Germany 

Time Lost: None

Article 15s (Charges/Dates/Punishment): NIF

Court-Martials (Charges/Dates/Punishment): NIF

Counseling Records Available: Yes    No 

IV.  Soldier's Overall Record
DOB:  710825  
Current ENL Date: 900116    Current ENL Term:  4  Years       
Current ENL Service:    01 Yrs,   11 Mos,   25 Days      
Total Service:     01 Yrs,   11 Mos,   25 Days      
Previous Discharges: None
Highest Grade:    E2
Performance Ratings Available: Yes    No 
MOS: 11M10   Infantryman   GT: 101   EDU: HS Grad   Overseas: Germany   Combat: SWA (910107-910415)
Decorations/Awards: ASR / SWASM 
V.  Post-Discharge Activity
Home of Record: 
Post Service Accomplishments: None Listed

VI.  Facts, Circumstances, and Legal Basis for Separation

      a.  Facts and Circumstances:
      The evidence of record shows that on 11 December 1991, 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.  On 10 January 1992, Orders 010-077, HQ USATC and Fort Dix Transition Point, Fort Dix, NJ discharged the applicant from the Regular Army, effective date: 10 January 1992.  The applicant's record is void of facts and circumstances concerning the events that led to a discharge from the Army.  However, the record does contain a properly constituted DD Form 214 (Certificate of Release or Discharge from Active Duty), which was authenticated by the applicant's signature.  His DD Form 214 indicates that he was discharged under the provisions of Chapter 10, AR 635-200, for the good of the service-in lieu of court-martial with a characterization of service of under other than honorable conditions.  Furthermore, the DD Form 214 shows a Separation Code of KFS (i.e., for the good of the service-in lieu of court-martial) with a reentry eligibility (RE) code of "3"   

      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 during the period of enlistment under review and the issues he submitted, the analyst recommends 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, his record of misconduct, and the time elapsed since his discharge.  Although the applicants file does not contain the facts and circumstances surrounding his discharge, the record does contain a properly constituted DD form 214 (Certificate of Release or Discharge from Active Duty), which was authenticated by the applicant's signature.  His DD Form 214 indicates that he was discharged under the provisions of Chapter 10, AR 635-200, for the good of the service in lieu of court-martial, with a characterization of service of under other than honorable conditions.  This document identifies the reason and characterization of the discharge and the analyst presumed Government regularity in the discharge process.  The evidence in this case supports a conclusion that the applicant's characterization of service is now too harsh, and as a result it is inequitable.  While the applicant's misconduct is not condoned, the analyst noted that the overall length and quality of the applicant's service, to include his combat service, and the time that has elapsed since his discharge, mitigated the discrediting entries in his service record.  Accordingly, the analyst recommends to the Board that the applicant's characterization of service be upgraded to general, under honorable conditions.  This action does not entail a restoration of grade.  The reason for discharge remains both proper and equitable.      

VII.  Summary of Army Discharge Review Board Hearing 

Type of Hearing: 			Date:                    
Location: Washington D.C.

Did the Applicant Testify?  Yes     No  

Counsel:      

Witnesses/Observers:       

Exhibits Submitted:      




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
     

Case report reviewed and verified by: Edgar Yanger, Examiner									        
X.  Board Action Directed
No Change 
Issue a new DD Form 214  
Change Characterization to:    
Change Reason to:      
Other:      
RE Code:  
Grade Restoration:   No   Yes  Grade:      

XI.  Certification Signature and Date
Approval Authority: 

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

Official: 


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

Case Number AR20060017153

Applicant Name:         
______________________________________________________________________


Page 1 of 4 pages