Applicant Name:  ?????

Application Receipt Date: 071114	Prior Review:     Prior Review Date: NA     

I.  Applicant Request:  Upgrade     Reason Change     RE Code Change    

Issues: See attached DD Form 293 submitted by the Applicant.  Applicant states, "I know what I did was wrong by just leaving, after I found out some things with my wife while I was in Iraq, wth her cheating and putting me $30,000 in debt.  I loved the Army but I did not want to give my retirement to a woman like that.  We have been married for over 20 yrs.  I went to JAG when I was in Korea and they told me about 20-20-20.  I know I was close to retirement.  Just to be in the U.S. Army is an honor and priviledge.  I have never been in any trouble, no Article 15's at all.  I am not asking for an honorable, but at least a general.  When you review my records  you will see what I have done while I was in the Army.  I thank you for your time."

II.  Were Proper Discharge and Separation Authority procedures followed?	     
Tender Offer:   NA

See Attachments:  Legal     Medical     Minority Opinion     Exhibits 

III.  Discharge Under Review
Unit CDR Recommended Discharge: 	   Date: NIF
Discharge Received: 			   Date: 070521   Chapter: 10       AR: 635-200
Reason: In Lieu of Trial by Court-Martial	   RE:     SPD: KFS   Unit/Location: USA Garrison, Fort Sill, OK 

Time Lost: AWOL 366 days  (060213-070214); mode of return unknown.

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

Courts-Martial (Charges/Dates/Punishment): None

Counseling Records Available: Yes    No 

IV.  Soldier’s Overall Record
Age at current enlistment:  40
Current ENL Date: 050107    Current ENL Term: 2 Years  ?????
Current ENL Service: 	02 Yrs, 04 Mos, 14 Days ((Includes 88 days of excess leave (070223-070521))
Total Service:  		19 Yrs, 07Mos, 17 Days 

The Applicant re-enlisted multiple times during the period under review (871003-070521) and received a single DD Form 214 covering that period.  

The Applicant's DD Form 214, under review, is annotated incorrectly.  Item 12c, Net Active Service This Period should read, "19 years, 07 months, 17 days".  Item 12e, Total Prior Inactive Service should read, "02 years, 10 months, 10 days". 

Previous Discharges: 	RA 961218-050106/HD
                                       RA 930825-961217/HD
                                       RA 901009-930824/HD
                                       RA 871003-901008/HD
                                       USAR 850516-880126/Concurrent
                                       RA 851022-850515/UNC
                                       USAR 841123-850121/NIF

Highest Grade: E5		Performance Ratings Available: Yes    No 
MOS: 92A Automated Logistical Specialist   GT: 102   EDU: HS Grad   Overseas: Germany, Somalia, Bosnia, Korea   Combat: Bosnia (960628-961206); Iraq (030908-040831).
Decorations/Awards: ARCOM x 5, AAM, JMUA, AGCM, x 6, NDSM, AFEM, GWOTEM, GWOTSM, KDSM, AFSM, HSM, NCOPDR, ASR, OSR, UN Medal, NATO Medal

V.  Post-Discharge Activity
City, State:  Gladstone, WI
Post Service Accomplishments: None listed by the Applicant.

VI.  Facts, Circumstances, and Legal Basis for Separation

       a.  Facts and Circumstances:
       The Applicant’s record is void of the specific facts and circumstances concerning the events that led to the discharge from the Army.  However, the record does contain a properly constituted DD Form 214 (Certificate of Release or Discharge from Active Duty) but the Applicant was not available to sign his DD form 214.  The DD Form 214 indicates that the Applicant was discharged under the provisions of Chapter 10, AR 635-200, for the good of the service in lieu trial by court-martial with a characterization of service of under other than honorable conditions.  Furthermore, the DD Form 214 shows a Separation Code of KFS (i.e., for the good of the service-in lieu of court-martial) with a reentry eligibility (RE) code of "4."   

       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 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 SGT/E-5.
       Further, recommend the Applicant's DD Form 214, Items 12c & 12e, be corrected as stated above.  

VII.  Summary of Army Discharge Review Board Hearing

Type of Hearing: 		Date: 24 September 2008         Location: Washington, D.C.

Did the Applicant Testify?  Yes     No  

Counsel: NA

Witnesses/Observers: NA 

Exhibits Submitted: NA



VIII.  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 was too harsh based on the Applicant’s length and quality of his service to include his combat service and as a result it is inequitable.  Accordingly, the Board voted to grant 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.  This action entails a restoration to SGT/E5.  Additionally, the Board determined the Applicant's DD Form 214, Item 12c  be corrected to read, "19 years, 07 months, 17 days" and Item 12e be corrected to read, "02 years, 10 months, 10 days".
        
IX.  Board Decision						
	XI.  Certification Signature
Board Vote:  							          Approval Authority:	
Character - Change 3    No change 2
Reason -     Change 0    No change 5
(Board member names available upon request)
								         EDGAR J. YANGER			 
Issue a new DD Form 214  					         Colonel, U.S. Army
Change Characterization to: 			         President, Army Discharge Review Board 
Change Reason to:  
Other: No Change										
RE Code: 									 
Grade Restoration:   No   Yes   Grade: E5
ARMY DISCHARGE REVIEW BOARD - CASE REPORT AND DIRECTIVE

Case Number AR20070016419
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