Application Receipt Date: 070205

Prior Review    Prior Review Date: 970605/Record Review

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

Issues: See applicant's attached DD Form 293 and letters of support

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: 911112
Discharge Received:     Date: 920206
Chapter: 10    AR: 635-200
Reason: For The Good of Service-In Lieu of Court-Martial
RE:     SPD: KFS
Unit/Location: 612th Quartermaster Company, Fort Bragg, NC

Time Lost: Absent without leave for a total of 109 days (910620-911006).
Applicant surrendered to military authority at Fort Belvoir, VA and was
transferred to Fort Dix, NJ.

Article 15s (Charges/Dates/Punishment): No Article 15's were found in the
available record, however, the "EREC Deserter Check List" makes reference
to the applicant having a prior pending Field Grade Article 15 for wrongful
distribution, possession and use of cocaine, Article 15 (910607) failure to
repair on (910527) and Article 15 (910619) failure to repair (910608-
910609).

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

Counseling Records Available: Yes    No

IV.  Soldier’s Overall Record
DOB:  670215
Current ENL Date: 901016    Current ENL Term: 04 Years  24 Weeks
Current ENL Service: 01 Yrs, 00Mos, 03Days (Includes 122 days of excess
leave 911008-920206)
Total Service:  02 Yrs, 07Mos, 06Days (Includes 1 yr, 7 mos, and 4 days of
USAR time that was not shown on the applicant's DD Form 214).
Previous Discharges: USAR-870904-890407/UNC
Highest Grade: E2
Performance Ratings Available: Yes    No
MOS: 76V10 (Equipment Storage Specialist)   GT: 95   EDU: HS Grad
Overseas: None   Combat: None
Decorations/Awards: ASR, NDSM
V.  Post-Discharge Activity
Home of Record: Fredericksburg, VA
Current Address: 11701 Woodland View Drive
Fredericksburg VA 22407
Post Service Accomplishments: None Listed

VI.  Facts, Circumstances, and Legal Basis for Separation

      a.  Facts and Circumstances:
      The evidence of record shows that on 16 October 1991, the applicant
was charged with going AWOL from 20 June 1991 to 7 October 1991.  On 16
October 1991, the applicant consulted with legal counsel and voluntarily
requested, in writing, discharge under the provisions of Chapter 10, AR 635-
200 for the good of the service in lieu of 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 a
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 unit commander
reviewed the proposed discharge action and recommended approval of the
separation action with a under other than honorable conditions discharge.
On 8 January 1992, 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 and
that he be reduced to private/E1.

      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, for
the period of enlistment under review, the issue and documents he
submitted, the analyst found no mitigating factors that would merit an
upgrade of the applicant's discharge.  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 the UCMJ.  The analyst noted that 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 that
prior to requesting discharge.  Furthermore, if the applicant desires to
reenlist, he should contact the local recruiter to determine his
eligibility to reenlist.  Those individuals can best advise a former
service member as to the needs of the Army at the time, and are required to
process waivers of reentry eligibility (RE) codes.  Therefore, the reason
for discharge and the characterization of service remains both proper and
equitable.

VII.  Summary of Army Discharge Review Board Hearing

Type of Hearing:                  Date: 10 September 2007
Location: Washington, DC

Did the Applicant Testify?  Yes     No

Counsel: American Legion
                 ATTN: Mr. Larry Provost
                 1608 K Street NW
                 Washington, DC  20006

Witnesses/Observers: Ms. Doris Y. Myers (Wife)

Exhibits Submitted: The applicant submitted 7 additional pages of
documents.



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, hearing his testimony, and considering
the analyst’s recommendation and rationale, the Board determined that the
characterization of service was too harsh, and as result it is now
inequitable.  The Board found that the applicant's post service
accomplishments and the time that has elasped since his discharge mitigated
the discrediting entry 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: 20 September 2007
Lieutenant Colonel, U.S. Army
Chief, Secretary Recorder