Case Number AR20070014405
Applicant Name:
Application Receipt Date: 071018
Prior Review Prior Review Date: None
I. Applicant Request
Request: Upgrade Reason Change RE Code Change
Issues: See DD Form 293 and attached 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: 050208
Discharge Received: Date: 050310
Chapter: 10 AR: 635-200
Reason: In Lieu of Trial by Court-Martial
RE: SPD: KFS
Unit/Location: HHC, 1-12 IN, Fort Carson, CO
Time Lost: AWOL x 1 for 469 days (030828-041101), mode of return unknown. However, this period is not annotated on the applicant's DD Form 214 item 29, dates of time lost during this period.
Article 15s (Charges/Dates/Punishment): None
Court-Martials (Charges/Dates/Punishment): None
Counseling Records Available: Yes No
IV. Soldiers Overall Record
DOB: 790407
Current ENL Date: 020510 Current ENL Term: 4 Years ?????
Current ENL Service: 01 Yrs, 07 Mos, 26 Days ?????
Total Service: 03 Yrs, 11 Mos, 19 Days Item 12c on the applicant's DD Form 214, net active service this period is incorrect, should read 03 Yrs, 11 Mos, 19 Days.
Previous Discharges: RA-000119-020509/HD
Highest Grade: E4
Performance Ratings Available: Yes No
MOS: 92F10 Petroleum Supply Spec GT: 101 EDU: HS Grad Overseas: Korea/Southwest Asia Combat: Kuwait (030215-030228)/Iraq (030301-030730)
Decorations/Awards: ARCOM-2, AAM, AGCM, GWOTEM, GWOTSM, ASR, OSB
V. Post-Discharge Activity
Home of Record:
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 24 January 2005, the applicant was charged with AWOL from (030828-041101). On 23 February 2005, 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 veterans benefits. The applicant submitted a statement in his own behalf. The applicant's chain of command recommended approval of an under other than honorable conditions discharge. On 2 March 2005, 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 individuals 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 applicants military records during the period of enlistment under review, the issues and documents he submitted, the analyst recommends that the applicants 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 applicants characterization of service is too harsh, and as a result it is inequitable. While the applicant's misconduct is not condoned, the analyst found that the overall length and quality of the applicant's service; to include his combat service, mitigated the discrediting entry in his service record. Accordingly, the analyst recommends to the Board that the applicants characterization of service be upgraded to general, under honorable conditions. This action entails a restoration of grade to SPC/E-4. However, the reason for discharge remains both proper and equitable.
VII. Summary of Army Discharge Review Board Hearing
Type of Hearing: Date: 19 December 2007
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 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 applicants record of service during the period of enlistment under review and considering the analysts recommendation and rationale, the Board determined that the characterization of service is too harsh 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 both proper and equitable and voted not to change it. This action entails a restoration of grade to SPC/E-4.
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: None
Other: NA
RE Code:
Grade Restoration: No Yes Grade: SPC/E4
XI. Certification Signature and Date
Approval Authority:
MARK E. COLLINS
Colonel, U.S. Army
President, Army Discharge Review Board
Official:
CHRISTINE U. MARTINSON DATE: 27 December 2007
Lieutenant Colonel, U.S. Army
Chief, Secretary Recorder
ARMY DISCHARGE REVIEW BOARD - CASE REPORT AND DIRECTIVE
______________________________________________________________________
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