Applicant Name:  ?????

Application Receipt Date: 080307	Prior Review:     Prior Review Date: NA     

I.  Applicant Request:  Upgrade     Reason Change     RE Code Change    

Issues: See attached DD Form 293 and supporting documentation 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: 070607
Discharge Received: 			   Date: 070627   Chapter: 10       AR: 635-200
Reason: In Lieu of Trial by Court-Martial	   RE:     SPD: KFS   Unit/Location: 5th Squadron, 73rd Cav Regiment, 3rd BCT, 82nd ABN Div, Fort Bragg, NC 

Time Lost: AWOL 33 days x 2 (070302-070306 & 070313-070410).  The Applicant surrendered each time.

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:  19
Current ENL Date: 051026    Current ENL Term: 4 Years  & 24 Weeks
Current ENL Service: 	01 Yrs, 06 Mos, 29 Days ?????
Total Service:  		01 Yrs, 06 Mos, 29 Days ?????
Previous Discharges: 	None
Highest Grade: E3		Performance Ratings Available: Yes    No 
MOS: 92F Petro Supply Spec   GT: 85   EDU: HS Grad   Overseas: SWA   Combat: Iraq (060801-070202)
Decorations/Awards: ARCOM, AAM, GWOTSM, Iraq Campaign Medal, ASR.  

Applicant's DD 214 does not indicate Applicant was awarded an ARCOM however there is evidence the Applicant received an ARCOM while in Iraq, PO#354-002, 20 Dec 2006.

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

VI.  Facts, Circumstances, and Legal Basis for Separation

       a.  Facts and Circumstances:
       The evidence of record shows that on 12 April 2007, the Applicant was charged with desertion (070301-070306, 070313-070402, 070402-070411).  The Applicant surrendered each time.  On 13 April 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 recommended approval of the Chapter 10 request with an under other than honorable conditions discharge.  On 7 June 2007, the separation authority approved the Chapter 10 request with an under other than honorable conditions discharge.  The Applicant was to be reduced to the lowest enlisted rank.
       
       Documentation within the Applicant's available military records suggests the Applicant was injured from an explosion while in Iraq prior to re-deploying on emergency leave; however, no evidence exists to corroborate the incident.

       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 submitted with the Application, 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 the former Soldier’s faithful and honorable service, as well as the 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 quality of the Applicant's service, to include the combat service, and the supporting medical documents from the Veterans Administration, mitigated the discrediting entries in the 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 PFC/E-3.
       Furthermore, at the time of discharge the Applicant was appropriately assigned a reentry eligibility (RE) code of “3.”  If reenlistment is desired, the Applicant should contact the local recruiter to determine eligibility to reenlist.  Those individuals can best advise a former service member as to the needs of the Army at the time, and are required to process waivers of reentry eligibility (RE) codes.  
       

VII.  Summary of Army Discharge Review Board Hearing

Type of Hearing: 		Date: 19 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 was too harsh based on the Applicant’s 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.  
        
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: No Change
Other: No Change										
RE Code: 
Grade Restoration:   No   Yes   Grade: E-3
ARMY DISCHARGE REVIEW BOARD - CASE REPORT AND DIRECTIVE

Case Number AR20080003715
______________________________________________________________________________


Page 1 of 3 pages