Applicant Name: ?????

Application Receipt Date: 070813	

Prior Review    Prior Review Date: None

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

Issues: See DD Form 293 and documents submitted by the applicant.

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: 070312
Discharge Received:     Date: 070504   
Chapter: 10    AR: 635-200
Reason: In Lieu of Trial by Court Martial 
RE:     SPD: KFS
Unit/Location: 1116 Trans Co, Base Camp Adder, Iraq 

Time Lost: AWOL 182 days (060811-070212); apprehended; confinement civilian authorities 181 days (060929-071212), Total time lost 182 days (applicant was in civilian confinement during the time the unit reported him AWOL). 

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

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

Counseling Records Available: Yes    No 

IV.  Soldier’s Overall Record
Year/Month:  7806  
HOR City, State: Elmore, OH
Current ENL Date: 051016    Current ENL Term: 6 Years  ?????
Current ENL Service: 01 Yrs, 00Mos, 17Days ?????
Total Service:  08 Yrs, 05Mos, 27Days includes 53 days of excess leave (070313-070504)
Previous Discharges:  ARNG 980902-981210/UNC
                                       ARNG 980506-990601/GD
                                      

Highest Grade: E-3
Performance Ratings Available: Yes    No 
MOS: 12B10 Combat Engineer   GT: 93   EDU: GED Cert   Overseas: SWA   Combat: Iraq (051113-060810)
Decorations/Awards: NDSM, ICM, ASR, AFRM w/M Device

V.  Post-Discharge Activity
Post Service Accomplishments: None listed

VI.  Facts, Circumstances, and Legal Basis for Separation

      a.  Facts and Circumstances:
      The evidence of record shows that on 12 March 2007, the applicant was charged with being AWOL (060811-071212).  On 12 March 2007, 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 the Chapter 10 request with an under other than honorable conditions discharge.  On 20 April 2007, the separation authority approved the Chapter 10 request with an under other than honorable conditions discharge.  The applicant was to be reduced to the lowest enlisted rank.
      
      The file contains a Lucas County Clerk Court Docket dated 29 July 2007.

      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 available military records during the period of enlistment under review, the issues and documents he submitted, the analyst recommends that the applicant’s characterization of service be upgraded to general, under honorable conditions.  This recommendation was made after full consideration of his faithful and honorable service, as well as his record of misconduct.  The evidence in this case supports a conclusion that the applicant’s characterization of service was too harsh, and as a result it is inequitable.  While the applicant's misconduct is not condoned, the analyst noted that the overall length and quality of the applicant's service, to include his combat service, and the supporting documents from the Lucas County Court of Common Pleas and circumstances surrounding the discharge, mitigated the discrediting entries in his service record.  Accordingly, the analyst recommends to the Board that the applicant’s characterization of service be upgraded to general, under honorable conditions.  However, the reason for discharge remains both proper and equitable.  This action entails a restoration of grade to PFC/E-3.  

VII.  Summary of Army Discharge Review Board Hearing 

Type of Hearing: 			Date: 080905              
Location: Washngton DC

Did the Applicant Testify?  Yes     No  

Counsel: NA

Witnesses/Observers: None 

Exhibits Submitted: None




VIII.  Board Decision
The discharge was:			Proper	 	Improper	
				                 	Equitable	 	Inequitable	

The characterization of service was:   Proper	 	Improper	
				                 	Equitable	 	Inequitable	

The narrative reasons were: 	       	Proper	 	Improper	
						Equitable	 	Inequitable	

DRB voting record:  		      Change 1    No change 4   - 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 and voted to deny relief.  

								        
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: 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: 080905
Lieutenant Colonel, U.S. Army
Chief, Secretary Recorder
ARMY DISCHARGE REVIEW BOARD - CASE REPORT AND DIRECTIVE

Case Number AR20070011281
______________________________________________________________________


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