Application Receipt Date: 070126

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: 970902
Discharge Received:     Date: 971014
Chapter: 10    AR: 635-200
Reason: In Lieu Of Trial By Court-Martial
RE:     SPD: KFS
Unit/Location: Company B 46th AG Bn (Reception) Fort Knox, KY 40121

Time Lost: AWOL-31days from (970620-970720), surrendered to military
authorities at Fort Monmouth, NY on (970721).

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

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

Counseling Records Available: Yes    No

IV.  Soldier’s Overall Record
DOB:  760204
Current ENL Date: 970516    Current ENL Term: NIF Years  the applicant was
placed on excess leave for 81 days from (970726-971014).
Current ENL Service: 00 Yrs, 03 Mos, 28 Days      
Total Service:  00 Yrs, 05 Mos, 23 Days      
Previous Discharges: ARNG-970321-970515/NA
Highest Grade: E1
Performance Ratings Available: Yes    No
MOS: None   GT: 93   EDU: HS Grad   Overseas: None   Combat: None
Decorations/Awards: None
V.  Post-Discharge Activity
Home of Record: Everson, PA 15631
Current Address: PO Box 865
Somerset PA 15501
Post Service Accomplishments: None Listed

VI.  Facts, Circumstances, and Legal Basis for Separation

      a.  Facts and Circumstances:
      The evidence of record shows that on 25 July 1997, the applicant was
charged with AWOL from (970620-970720).  On 25 July 1997, 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 submitted a statement
in his own behalf.  The unit commander  recommended approval of an under
other than honorable conditions discharge.  On 16 September 1997, the
separation authority approved the discharge with an under other than
honorable conditions discharge.

      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 during
the period of enlistment under review, the issue and documents he
submitted, the analyst found that the characterization of service granted
is inequitable.  The analyst noted that the applicant was in entry-level
status when he returned from a period of AWOL (i.e., he had completed less
than 180 days of continuous active duty).  The applicant was charged with
AWOL and while still in an entry-level status voluntarily requested
discharge under the provisions of Chapter 10, AR 635-200, in lieu of trial
by court-martial.  In essence the applicant’s separation action was
initiated while the applicant was in an entry-level status and command had
the option to characterize his service under other than honorable
conditions or to describe his service as uncharacterized.  Notwithstanding
the propriety of the applicant’s discharge, the analyst found that the
circumstances surrounding the AWOL, and the time that has elasped since his
discharge mitigated the discrediting entry in his service record, and the
applicant’s service should now be described as uncharacterized.  However,
the 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: 20 June 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 4    No change 1   - 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 now
inequitable.  Notwithstanding the propriety of the applicant’s discharge,
the Board concluded that the applicant’s service should now be described as
uncharacterized.  Accordingly, the Board voted to grant partial relief by
changing the description of the applicant’s service to uncharacterized.
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: 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: 28 June 2007
Lieutenant Colonel, U.S. Army
Chief, Secretary Recorder