Applicant Name: ?????

Application Receipt Date: 2007/09/24	

Prior Review    Prior Review Date: None

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

Issues: The Applicant's mother states that her son is now deceased and that he served his country honorably and was discharged due to guilt by association rather than for his actual commitment of a criminal act.  It was one isolated incident in his entire time in the Army.  After leaving the service, he became a coal miner and was killed on 29 November 2001 in a mining accident.  She provides several documents for the Board's consideration and requests an upgrade of his discharge to honorable.

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: 980219
Discharge Received:     Date: 980325   
Chapter: 10    AR: 635-200
Reason: In Lieu of Trial By Court Martial
RE:     SPD: KFS
Unit/Location: HHC, 2d IN Div, Camp Casey, Korea 

Time Lost: None

Article 15s (Charges/Dates/Punishment): None in file, however, the record indicates that on 971103 the applicant was reduced in rank to PFC/E-3.  

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

Counseling Records Available: Yes    No 

IV.  Soldier’s Overall Record
Year/Month:  7510  
HOR City, State: Newburg, IN
Current ENL Date: 960103    Current ENL Term: 4 Years  ?????
Current ENL Service: 02 Yrs, 02Mos, 23Days ?????
Total Service:  04 Yrs, 08Mos, 14Days ?????
Previous Discharges: RA 930712-960102/HD
Highest Grade: E-4
Performance Ratings Available: Yes    No 
MOS: 19K10/Armor Crewman   GT: 94   EDU: HS Grad   Overseas: Korea   Combat: None
Decorations/Awards: ARCOM, AGCM, NDSM, ASR, OSR

V.  Post-Discharge Activity
Post Service Accomplishments: The applicant worked as a coal miner until his death on 29 November 2001.

VI.  Facts, Circumstances, and Legal Basis for Separation

      a.  Facts and Circumstances:
      The evidence of record shows that on 19 February 1998, the applicant was charged with conspiracy to commit larceny, larceny of an ATM card, larceny of a gortex jacket (980102), and wrongfully providing a false statement to an investigator (980102).  On 26 February 1998, 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 and intermediate commanders recommended approval of an under other than honorable conditions discharge.  On 10 March 1998, the separation authority approved the discharge with a characterization of service of under other than 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 the applicant’s mother 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 is now 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 his 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: 30 July 2008              
Location: Washington, D.C.

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 5    No change 0   - 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 characterization of service is now too harsh based on the applicant’s length and quality of service and the time that has elapsed since his discharge and as a result it is inequitable.  Accordingly, the Board voted to grant partial relief in the form of an upgrade of the characterization of service to general, under honorable conditions.  The Board determined that the reason for discharge was proper and equitable and voted not to change it.



















								        
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: PFC/E-3

XI.  Certification Signature and Date
Approval Authority: 

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

Official: 


CHRISTINE U. MARTINSON			DATE: 30 July 2008
Lieutenant Colonel, U.S. Army
Chief, Secretary Recorder
ARMY DISCHARGE REVIEW BOARD - CASE REPORT AND DIRECTIVE

Case Number AR20070013321
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