Applicant Name: ????

Application Receipt Date: 070917	

Prior Review    Prior Review Date: None

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

Issues: See DD Form 293 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: 940721
Discharge Received:     Date: 940811   
Chapter: 10    AR: 635-200
Reason: In Lieu of Trail by Court Martial
RE:     SPD: KFS
Unit/Location: Headquarters Company, U.S. Fort Myer, Virginia 

Time Lost: AWOL for 5 days (940406-940410), mode of return unknown.  Total time lost 5 days.

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

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

Counseling Records Available: Yes    No 

IV.  Soldier’s Overall Record
Year/Month:  5912  
HOR City, State: Baltimore MD
Current ENL Date: 910308    Current ENL Term: 6 Years  ?????
Current ENL Service: 03 Yrs, 04Mos, 27Days ?????
Total Service:  16 Yrs, 06Mos, 25Days ?????
Previous Discharges: USAR 770627-780109/ NA
                                      RA 780110-800723/ HD
                                      RA 800724-850730/HD
                                   RA 850731-910307/HD
Highest Grade: E-6
Performance Ratings Available: Yes    No 
MOS: 71L10/Admin Spec   GT: 109   EDU: 3 yrs of college   Overseas: Germany x 2, Korea   Combat: None
Decorations/Awards: NDSM, ASR, OSR(3), AAM (1), ARCOM, JSCM, AGCM (5), NCOPDR (2)

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 8 June 1994 the applicant was charged with AWOL (940406-940411), disobeying a lawful order from a superior commissioned officer  and intent to defraud and for the procurement of lawful currency, wrongfully and unlawfully make and utter certain checks (between 931116 to 940401) from post exchange, commissary, check stop and Benchmark community bank.  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 she understood that she 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 submit  a statement in her own behalf.  The unit commander and intermediate commander recommended approval of an under other than honorable conditions discharge.  On 20 July 1994, the separation authority approved the discharge with characterization of service of general under honorable conditions.  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 available military records during the period of enlistment under review, the issues and documents she submitted, the analyst recommends that the applicant’s characterization of service be upgraded to fully  honorable conditions.  This recommendation was made after full consideration of her faithful and honorable service, as well as her 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 and the time that has elapsed since her discharge mitigated the discrediting entries in her service record.  Accordingly, the analyst recommends to the Board that the applicant’s characterization of service be upgraded to fully honorable.  However, the reason for discharge remains both proper and equitable.  This action entails a restoration of grade to SSG/E-6.

VII.  Summary of Army Discharge Review Board Hearing 

Type of Hearing: 			Date: 1 August 2008              
Location: Washington, DC

Did the Applicant Testify?  Yes     No  

Counsel: NA

Witnesses/Observers: NA 

Exhibits Submitted: NA




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 2    No change 3   - 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: ?????

XI.  Certification Signature and Date
Approval Authority: 

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

Official: 


CHRISTINE U. MARTINSON			DATE: 1 August 2008
Lieutenant Colonel, U.S. Army
Chief, Secretary Recorder
ARMY DISCHARGE REVIEW BOARD - CASE REPORT AND DIRECTIVE

Case Number AR20070012948
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