Application Receipt Date: 070518

Prior Review    Prior Review Date: None

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

Issues: See 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: 040525
Discharge Received:     Date: 040820
Chapter: 10    AR: 635-200
Reason: In Lieu of Trial by Court-Martial
RE:     SPD: KFS
Unit/Location: A Company, 1 Battalion, 46th Infantry Regiment, Fort Knox,
KY  40121

Time Lost: AWOL, for a total of 50 days from (040126-040316).  He
surrendered to the military authorities at Fort Sill, OK  73503-5100

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

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

Counseling Records Available: Yes    No

IV.  Soldier’s Overall Record
DOB:  811124
Current ENL Date: 040108    Current ENL Term: 4 Years       
Current ENL Service: 0 Yrs, 5 Mos, 23 Days The applicant was placed on
excess leave for a total of 155 days from (040319-040820)
Total Service:  0 Yrs, 5 Mos, 23 Days      
Previous Discharges: None
Highest Grade: E1
Performance Ratings Available: Yes    No
MOS: None   GT: NIF   EDU: HS Grad   Overseas: None   Combat: None
Decorations/Awards: None
V.  Post-Discharge Activity
Home of Record: Valdosta, GA  31601
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 18 March 2004, the applicant was
charged with AWOL from (26 January 2004 until 16 March 2004).  On 19 March
2004, 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 commander
recommended approval of an under other than honorable conditions discharge.
 On 20 August 2004, 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, and
the issues 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 concluded and
recommends to the Board that the applicant’s service should now be
described as uncharacterized.  However, the reason for discharge remains
both proper and equitable.





















































VII.  Summary of Army Discharge Review Board Hearing

Type of Hearing:                  Date: 5 November 2007
Location: Washington, DC

Did the Applicant Testify?  Yes     No

Counsel:

Witnesses/Observers: None

Exhibits Submitted: The applicant submitted two (2) documents in support of
his testimony.



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 3    No change 2   - 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 inequitable.  The Board does not condone the applicant’s
misconduct; however, determined that the circumstances surrounding the
discharge mitigated the discrediting entry in his service record.
Accordingly, the Board voted to grant full relief in the form of an upgrade
of the characterization of service to uncharacterized 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. Ron Williams, Examiner

X.  Board Action Directed
No Change
Issue a new DD Form 214
Change Characterization to:
Change Reason to: Secretarial Authority under the provisions of Chapter 5,
AR 635-200
Other: None
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: 16 November 2007
Lieutenant Colonel, U.S. Army
Chief, Secretary Recorder