Application Receipt Date: 060719

Prior Review    Prior Review Date: None

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

Issues: See DD Form 293 with attachments.

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: Undated
Discharge Received:     Date: 030319
Chapter: 10    AR: 635-200
Reason: In Lieu of Trial by Court-Martial
RE:     SPD: KFS
Unit/Location: A Battery, 1st Battalion, 56th ADA, Fort Bliss, TX  79916

Time Lost: AWOL, for a total of 107 days from (16 November 2002 to 3 March
2003).  He surrendered to the military authorities at Fort Bragg, NC, and
was transferred to Fort Knox, KY  40121.

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

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

Counseling Records Available: Yes    No

IV.  Soldier’s Overall Record
DOB:  831115
Current ENL Date: 020725    Current ENL Term: 4 Years       
Current ENL Service: 0 Yrs, 4 Mos, 7 Days      
Total Service:  0  Yrs, 4 Mos, 7 Days      
Previous Discharges: None
Highest Grade: E1
Performance Ratings Available: Yes    No
MOS: None   GT: 121    EDU: HS Grad   Overseas: None   Combat: None
Decorations/Awards: None
V.  Post-Discharge Activity
Home of Record: Summerfield, NC  27358
Current Address: 2112 Scenic View Road
Moneta VA 24121
Post Service Accomplishments: See DD Form 293 with attachments

VI.  Facts, Circumstances, and Legal Basis for Separation

      a.  Facts and Circumstances:
      The evidence of record shows that on 10 March 2003, the applicant was
charged with AWOL, from (16 November 2002 to 3 March 2003).  On 10 March
2003, 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 11
March 2003 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.

      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,
documents and the issue 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, at
the time of discharge the applicant was appropriately assigned a reentry
eligibility (RE) code of “4.”  An RE code of “4” can not be waived and the
applicant is no longer eligible for reenlistment.  In view of the
foregoing, 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: 11 July 2007
Location: Washington, DC

Did the Applicant Testify?  Yes     No

Counsel: N/A

Witnesses/Observers: N/A

Exhibits Submitted: N/A



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 0    No change 5   - 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 discharge was
both proper and equitable, voted to deny relief.
























Case report reviewed and verified by: Mr. Ron Williams, Examiner

X.  Board Action Directed
No Change
Issue a new DD Form 214
Change Characterization to:
Change Reason to: N/A
Other: N/A
RE Code:
Grade Restoration:   No   Yes  Grade: N/A

XI.  Certification Signature and Date
Approval Authority:

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

Official:


MARY E. SHAW                      DATE: 31 July 2007
Lieutenant Colonel, U.S. Army
Chief, Secretary Recorder