Application Receipt Date: 071226	

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: NIF
Discharge Received:     Date: 071109   
Chapter: 10    AR: 635-200
Reason: In Lieu of Trial by Court-Martial 
RE:     SPD: KFS
Unit/Location: HHD, 1-222, AV Regt, Fort Eustis, VA  

Time Lost: AWOL for 26 days (070915-071010), apprehended.  Pre-trial confinement for 21 days (071011-071101).  Total time lost 47 days.

Article 15s (Charges/Dates/Punishment): 050523, disobeyed a lawful command from a CPT x 2 (050308) and (050326), broke restriction x 2, (050421) and (050425), reduction to E-5, $1,210 x1, and extra duty for 30 days (FG).

050706, disobeyed a lawful order from a CW4, (050530), and failed to report (050531), reduction to E-4, $978 (suspended), extra duty for 14 days, and restriction for 45 days (suspended) (FG).


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

Counseling Records Available: Yes    No 

IV.  Soldier’s Overall Record
DOB:  731222  
Current ENL Date: 021029    Current ENL Term: 6 Years  ?????
Current ENL Service: 04  Yrs, 10 Mos, 15 Days ?????
Total Service:  13  Yrs, 07 Mos, 09 Days ?????
Previous Discharges: RA-940124-99114/HD
                                      RA-991115-021028/HD
Highest Grade: E-6
Performance Ratings Available: Yes    No 
MOS: 15R10 AH-64 Attack Helicopter Repairer   GT: 89   EDU: HS Grad   Overseas: Germany/Southwest Asia   Combat: Iraq (030315-031120)/Iraq (040201-050313)
Decorations/Awards: AGCM-4, NDSM, ICM, GWOTEM, GWOTSM, ASR, OSR, 
V.  Post-Discharge Activity
Home of Record: 
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 October 2007, the applicant was charged with AWOL x 3 (070917-071003), (070827-070828), and (070915-070917); disobeyed a lawful command from a LTC x 4 (070825), (070915), (070915), and (071003); and assault x 2 (070620-070630) and (070710-070731).  On 26 October 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 and intermediate commanders documentation recommending approval of an under other than honorable conditions discharge is not part of the available record and the analyst presumed Government regularity in the discharge process.  On 2 November 2007, 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. 
      
      The record contains a blotter report dated 24 March 2005.
      
      

      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 military records during the period of enlistment under review, the issue and documents he submitted, the analyst found several mitigating factors that would merit an upgrade of the applicant's characterization of service.  The analyst does not condone the applicant’s misconduct; however, the evidence in this case supports a conclusion that the characterization of service was too harsh, and as a result it is inequitable.  The analyst found that the overall length of the applicant's service; to include his combat service (2 tours), mitigated the discrediting entries in his service record.  Accordingly, the analyst recommends to the Board that the applicant’s characterization of service be partially upgraded to general, under honorable conditions.  However, the analyst determined that the reason for discharge was fully supported by the record and therefore, remains both proper and equitable. This action entails a restoration of grade to SGT/E-5. 

VII.  Summary of Army Discharge Review Board Hearing 

Type of Hearing: 			Date: 6 February 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 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 too harsh, and as a result it is inequitable.  The Board determined 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 Board voted to grant partial relief in the form of an upgrade of the characterization of service to general, under honorable conditions. However, 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 SGT/E-5.















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: SGT/E-5

XI.  Certification Signature and Date
Approval Authority: 

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

Official: 


CHRISTINE U. MARTINSON			DATE: 7 February 2008
Lieutenant Colonel, U.S. Army
Chief, Secretary Recorder
ARMY DISCHARGE REVIEW BOARD - CASE REPORT AND DIRECTIVE

Case Number AR20070018915

Applicant Name:          
______________________________________________________________________


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