Application Receipt Date: 070405

Prior Review    Prior Review Date: None

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

Issues: See applicant's DD Form 293.

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: 020611
Discharge Received:     Date: 020628
Chapter: 10    AR: 635-200
Reason: In Lieu Of Trial By Court-Martial
RE:     SPD: KFS
Unit/Location: 623rd Quartermaster Company, 264th Corps Support Battalion,
Fort Bragg, NC 28310-5000

Time Lost: None

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

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

Counseling Records Available: Yes    No

IV.  Soldier’s Overall Record
DOB:  810430
Current ENL Date: 991116    Current ENL Term: 4 Years       
Current ENL Service: 02  Yrs, 07 Mos, 13 Days      
Total Service:  02  Yrs, 07 Mos, 13 Days      
Previous Discharges: None
Highest Grade: E1
Performance Ratings Available: Yes    No
MOS: 92A10 Automated Logistics Spec   GT: 102   EDU: HS Grad   Overseas:
None   Combat: None
Decorations/Awards: NDSM, ASR
V.  Post-Discharge Activity
Home of Record:
Current Address:
United States
Post Service Accomplishments: None Listed

VI.  Facts, Circumstances, and Legal Basis for Separation

      a.  Facts and Circumstances:
      The evidence of record shows that on 5 June 12002, the applicant was
charged with, without authority; failed to go at the time prescribed to his
appointeds place of duty, x 6, (020409), (020410), (020410), (020418), and
(020514-020515), without authority; go from his appointed place of duty, x
2, (020412), and  (020418), having received a lawful command from a CPT,
willfully disobeyed the same, (020517), having received a lawful order from
a SSG, willfully disobeyed the same x 4, (020408), (020418), (020510), and
(020515), violated a general regulation, by wrongfully having a pair of
brass knuckles in his wall locker, (020517), and with intent to deceive,
sign an official document with another person's signature, which signature
was totally false, (020516).  On 5 June 12002, 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.  The intermediate and senior intermediate commanders
reviewed the proposed discharge action and recommended approval of the
separation action with an under other than honorable conditions discharge.
The senior commander reviewed the proposed discharge action and recommended
approval of the separation action with an under other than honorable
conditions discharge.    On 18 June 2002, 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 and the issue he submitted, the
analyst recommends that relief be denied in this case.  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 courts-martial.  In doing so, the applicant admitted guilt to the
stipulated or lesser included offenses 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.  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.  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: 15 October 2007
Location: Washington, DC

Did the Applicant Testify?  Yes     No

Counsel: Mr. Larry Provost
                The American Legion
                1608 K Street N.W.
                Washington, DC 20006

Witnesses/Observers: No

Exhibits Submitted: No



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 5    No change 0   - Character
                                   Change 5    No change 0   - 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 is inequitable.  The Board found that the overall length of the
applicant's service, the circumstances surrounding his discharge, and the
applicant's youth and immaturity, mitigated the discrediting entries in his
service record.  Accordingly, the Board voted to grant full relief in the
form of an upgrade of the characterization of service to fully honorable
and a change to the narrative reason for separation to Secretarial
Authority.  This action entails a change to the reentry eligibility (RE)
code to "3."

















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: Secretarial Authority under provisions of Chapter 5, AR
635-200.
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:


CHRISTINE U. MARTINSON            DATE: 29 October 2007
Lieutenant Colonel, U.S. Army
Chief, Secretary Recorder