Application Receipt Date: 2008/02/22	

Prior Review    Prior Review Date: None

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

Issues: The Applicant states that his discharge was excessively severe in light of the circumstances and his overall Army service of 8 years, 7 months, and 2 days.  He believes that he wasn't given an opportunity to present his case prior to being discharged especially in regards to his medical treatment he was receiving at the time for PTSD.  He submits several medical documents for the Board's consideration which are attached to his DD Form 293. 

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: 070620
Discharge Received:     Date: 070905   
Chapter: 10    AR: 635-200
Reason: In Lieu of Trial By Court-Martial
RE:     SPD: KFS
Unit/Location: Forward Support Co, 1-8 IN Bn, Fort Carson, CO 

Time Lost: None

Article 15s (Charges/Dates/Punishment): 040607, DWI (040505), reduction to E-4, forfeiture of $995 x 2 (suspended), 45 days extra duty (FG)

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

Counseling Records Available: Yes    No 

IV.  Soldier’s Overall Record
DOB:  760805  
Current ENL Date: 040108    Current ENL Term: 6 Years  ?????
Current ENL Service: 03 Yrs, 07Mos, 28Days ?????
Total Service:  08 Yrs, 07Mos, 02Days ?????
Previous Discharges: RA 990204-010913/HD
                                      RA 010914-040107/HD
Highest Grade: E-6
Performance Ratings Available: Yes    No 
MOS: 63H30/Senior Track Veh Mech   GT: 1-1   EDU: HS Grad   Overseas: SWA, Bosnia   Combat: Iraq (030401-040401), Iraq 2d tour (051202-061103)
Decorations/Awards: ARCOM-3, AAM-2, GCM, NDSM, GWOTSM, GWOTEM, ICM, Kosovo CM, OSR-3, NM, CAB, NCOPDR
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 20 June 2007, the applicant was charged with three specifications of assault (070311 x 2 and 070513), unlawful breaking and entering (070311), drunk and disorderly (070413), and wrongfully communicating a threat (070513).  On 13 August 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 commander and intermediate senior commanders recommended approval of an under other than honorable conditions discharge.  On 15 August 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 an MP Report dated 5 May 2007.

      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 two combat tours in Iraq, and the supporting medical documents, 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.  This action entails a restoration of grade to             E-4/SPC.  However, the reason for discharge remains both proper and equitable.     

VII.  Summary of Army Discharge Review Board Hearing 

Type of Hearing: 			Date: 11 April 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 3    No change 2   - 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 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 fully honorable.  The Board determined that the reason for discharge was proper and equitable and voted not to change it.  This action entails restoration to the grade of E-4/SPC.
















 

Case report reviewed and verified by: Al Champin, Examiner									        
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: E-4

XI.  Certification Signature and Date
Approval Authority: 

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

Official: 


CHRISTINE U. MARTINSON			DATE: 14 April 2008
Lieutenant Colonel, U.S. Army
Chief, Secretary Recorder
ARMY DISCHARGE REVIEW BOARD - CASE REPORT AND DIRECTIVE

Case Number AR20080002969

Applicant Name:        
______________________________________________________________________


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