Applicant Name:  ?????

Application Receipt Date: 2008/04/28	Prior Review:     Prior Review Date: NA     

I.  Applicant 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?	     
Tender Offer:   NA

See Attachments:  Legal     Medical     Minority Opinion     Exhibits 

III.  Discharge Under Review
Unit CDR Recommended Discharge: 	NIF   Date: NIF
Discharge Received: 			   Date: 950818   Chapter: 10      AR: 635-200
Reason: In Lieu of Trial by Court-Martial	   RE:     SPD: KFS   Unit/Location: HHOC, 733rd MI Bn, Schofield Barracks, HI 

Time Lost: AWOL x 3 for 9 days (950221-95022), (950224-950227), and (950412-950413), apprehended on all periods of AWOL.  However, these AWOL periods are not annotated on the applicant's DD Form 214 block 29, dates of time lost during this period. 

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:  28
Current ENL Date: 890516    Current ENL Term: 6 Years  extension of service was at the request and for the convenience of the Government. 
Current ENL Service: 	06 Yrs, 02Mos, 25Days ?????
Total Service:  		13 Yrs, 00Mos, 00Days ?????
Previous Discharges: 	RA-820819-860227/HD
                                       RA-860228-890515/HD
Highest Grade: E-6		Performance Ratings Available: Yes    No 
MOS: 98G10 Voice Interceptor   GT: 135   EDU: 14 Years   Overseas: Hawaii   Combat: None
Decorations/Awards: ARCOM, JSAM, AAM-3, AGCM-4, NDSM, NCOPDR-2, ASR, OSR-2, 

V.  Post-Discharge Activity
City, State:  Bakersfield, CA
Post Service Accomplishments: None listed

VI.  Facts, Circumstances, and Legal Basis for Separation

       a.  Facts and Circumstances:
       The evidence of record shows that on 5 March 1992, the applicant was charged with AWOL from on or about (950221-95022), (950224-950227), and (950412-950413); disobeyed a lawful order from a SSG  (950410) and disobeyed a lawful order from a 1SG (950410); assaulted a SSG (950413); wrongfully consumed alcohol while on duty (950213); wrongfully possessed drug paraphernalia (950409); and wrongfully possessed marijuana (950409).  The record is void of the applicant consulting with legal counsel and voluntarily requesting, in writing, discharge under the provisions of Chapter 10, AR 635-200 in lieu of trial by court-martial and the analyst presumed Government regularity in the discharge process.  In this request, the applicant would have admitted guilt to the offense, or a lesser included offense.  Further, the applicant would have 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 submitted a statement in his own behalf.  The unit commander's 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 24 September 1993, the separation authority approved the discharge with an under other than honorable conditions discharge.  The applicant was to be reduced to the lowest enlisted rank.  

       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 issues and documents he submitted, the analyst found several mitigating factors that would merit a partial upgrade of the applicant's characterization of service to general, under honorable conditions.  The analyst does not condone the applicant’s misconduct; however, the evidence in this case supports a conclusion that the characterization of service is too harsh, and as a result it is inequitable.  The analyst found that the overall length and quality of the applicant's service, and the circumstances surrounding the discharge (i.e.,encountered personal family problems, which impaired his ability to serve), mitigated the discrediting entries in his service record.  Accordingly, the analyst recommends that the applicant’s characterization of service be partially upgraded to general, under honorable conditions.  This action entails a restoration of grade to SSG/E-6.
       
       Furthermore, the analyst noted the applicant's issues; however, by his misconduct, the applicant diminished the quality of his service below that meriting a fully honorable discharge.  However, the analyst determined that the reason for discharge was fully supported by the record and therefore, remains both proper and equitable. 

VII.  Summary of Army Discharge Review Board Hearing

Type of Hearing: 		Date: 18 February 2009         Location: Washington, DC

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 too harsh, and as a result it is inequitable.  The Board determined that the overall length and quality of the applicant’s service,  and the circumstances surrounding the AWOL (i.e.,extraordinary family circumstances, which impaired his ability to serve), 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 SSG/E-6.


        
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: NA										
RE Code: 
Grade Restoration:   No   Yes   Grade: SSG/E-6
ARMY DISCHARGE REVIEW BOARD - CASE REPORT AND DIRECTIVE

Case Number AR20080006534
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