Application Receipt Date: 070206

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: NIF
Discharge Received:     Date: 050608
Chapter: 10    AR: 635-200
Reason: In Lieu Of Trial By Court-Martial
RE:     SPD: KFS
Unit/Location: B Company 2nd Bn 7th Inf Fort Stewart, GA 31314

Time Lost: AWOL-428 days from (040202-050404), apprehended by civil
authorities in St. Peters, MO on (050327) and transferred to Fort Stewart,
GA.

Article 15s (Charges/Dates/Punishment): The applicant states on his DD Form
293 that he received an article 15 for AWOL, however, document-NIF.

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

Counseling Records Available: Yes    No

IV.  Soldier’s Overall Record
DOB:  840724
Current ENL Date: 030528    Current ENL Term: 3 Years       
Current ENL Service: 00 Yrs, 10 Mos, 08Days      
Total Service:  02 Yrs, 00 Mos, 08 Days      
Previous Discharges: Total service on DD Form 214, is incorrect, should
read  02 yrs, 00 mos, 08 days.
Highest Grade: E2
Performance Ratings Available: Yes    No
MOS: 11B10 Infantryman   GT: 93   EDU: GED   Overseas: None   Combat: None
Decorations/Awards: NDSM, ASR, :  The applicant list an AAM on his DD Form
293, however, the Official Military Personnel File does not validate this
award.
V.  Post-Discharge Activity
Home of Record: New Castle, IN
Current Address: 10 westwinds dr.
st.peters MO 63376
United States
Post Service Accomplishments: The applicant states he is married and has a
son.

VI.  Facts, Circumstances, and Legal Basis for Separation

      a.  Facts and Circumstances:
      The evidence of record shows that on 10 May 2005, the applicant was
charged with AWOL (040202-050404).  On 17 May 2005, 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 unit and intermediate commanders recommended approval of an
under other than honorable conditions discharge.  On 23 May 2005, the
separation authority approved the discharge and directed issuance of 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 issues and documents he
submitted,the analyst recommend 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 offense 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 remains both proper and
equitable.

VII.  Summary of Army Discharge Review Board Hearing

Type of Hearing:                  Date: 16 April 2007
Location: Chicago, IL

Did the Applicant Testify?  Yes     No

Counsel: No

Witnesses/Observers: No

Exhibits Submitted: The applicant submitted two additional documents in
support of his personal appearance hearing.



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, hearing his testimony, and considering
the analyst’s recommendation and rationale, the Board determined that the
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: 8 May 2007
Lieutenant Colonel, U.S. Army
Chief, Secretary Recorder