Applicant Name:  ?????

Application Receipt Date: 2008/02/05	Prior Review:     Prior Review Date: NA     

I.  Applicant Request:  Upgrade     Reason Change     RE Code Change    

Issues: See DD Form 293 and ten supporting documents submitted by the Applicant.

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: Not In File (NIF)
Discharge Received: 			   Date: 970312   Chapter: 10    AR: 635-200
Reason: In Lieu of Trial By Court-Martial	   RE:     SPD: KFS   Unit/Location: HHT, 2d Squadron, 11th Armored Cavalry Regiment, Fort Irwin CA 

Time Lost: 33 days, AWOL (961101-961203), surrendered

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:  18
Current ENL Date: 931020    Current ENL Term: 4 Years  ?????
Current ENL Service: 	03 Yrs, 03Mos, 20Days Includes 91 days of Excess Leave (961212-970312)
Total Service:  		07 Yrs, 05Mos, 02Days Includes USAR Inactive Service and ARNG Post Service
Previous Discharges: 	 USAR 930804-970312/NA (Concurrent Service)
                                        ARNG 000126-010125/HD (Post Service)
                                        OAD 040123-050319/HD (Post Service)
                                        ARNG 070205-Present (Post Service)
Highest Grade: E-4		Performance Ratings Available: Yes    No 
MOS: 19D10/Cavalry Scout   GT: 114   EDU: HS Grad   Overseas: Germany   Combat: None
Decorations/Awards: ARCOM, AAM-3, NDSM-2, GWOTSM, AFRM, ASR, AGCM

V.  Post-Discharge Activity
City, State:  Bellflower, CA
Post Service Accomplishments: Rejoined the ARNG (000126), earned two honorable discharges and is still serving in the California ARNG where he has earned the rank of SPC/E-4.  Attended college and graduated as as a Respiratory Therapist, licensed in the State of California.

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), which was authenticated by the applicant’s signature.  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 "3."   

       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, and 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 is now too harsh, and as a result it is inequitable.  While the applicant's misconduct is not condoned, the analyst noted that the applicant rejoined the Army National Guard on 26 January 2000 and has since earned two honorable discharges, has graduated from college, and used the skills he learned in college to continue to serve in the California ARNG as a 91V10/Respiratory Specialist.  In view of the applicant's post service accomplishments which are verified by his current OMPF and by the supporting documents that he provided, the analyst fount that his post 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.  

VII.  Summary of Army Discharge Review Board Hearing

Type of Hearing: 		Date: 5 December 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 is now too harsh based on the applicant’s length and quality of his service and his post service accomplishments and as a result it is inequitable..  The Board noted that the applicant rejoined the Army National Guard in January 2000 and has since earned two honorable discharges, graduated from college and continues to serve in the California ARNG as a 91V10/Respiratory Specialist.   Accordingly, the Board voted to grant relief in the form of an upgrade of the characterization of service to fully honorable.  The Board determined that the reason for discharge was proper and equitable and voted not to change it.  This action entails restoration of grade to E-4/SPC. 
        
IX.  Board Decision						
	XI.  Certification Signature
Board Vote:  							          Approval Authority:	
Character - Change 5    No change 0
Reason -     Change 0    No change 5
(Board member names available upon request)
								         EDGAR J. YANGER			 
								         Colonel, U.S. Army
X.  Board Action Directed					         President, Army Discharge Review Board
Issue a new DD Form 214  					
Change Characterization to: 			         
Change Reason to: NA
Other: NA										
RE Code: 
Grade Restoration:   No   Yes   Grade: E-4/SPC
ARMY DISCHARGE REVIEW BOARD - CASE REPORT AND DIRECTIVE

Case Number AR20080002220
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