Application Receipt Date: 080508	

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: 070611
Discharge Received:     Date: 070628   
Chapter: 10    AR: 635-200
Reason: In Lieu of Trial by Court-Martial
RE:     SPD: KFS
Unit/Location: HHC, 189th CSSB, Fort Bragg, NC 

Time Lost: AWOL X 3 for 31 days (061101-061102, 061221-061226, and 070206-070228), surrendered the first two periods, and was apprehended the last period.

Article 15s (Charges/Dates/Punishment): None

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

Counseling Records Available: Yes    No 

IV.  Soldier’s Overall Record
DOB:  760903  
Current ENL Date: 060825    Current ENL Term: 03 Years  ?????
Current ENL Service: 00 Yrs, 09Mos, 01Days ?????
Total Service:  09 Yrs, 09Mos, 08Days ?????
Previous Discharges: USAR-970820-971006/NA
                                      ADT-971007-980424/HD
                                      USAR-980425-010215/NA
                                      ARNG-010216-040630/GD
                                      USARCG-040701-040728/NA
                                      ARNG-040729-041029/NA
                                      OAD-041030-060102/HD
                                      ARNG-040701-060824/HD
Highest Grade: E4
Performance Ratings Available: Yes    No 
MOS: 52D10/Power Generator Equipment Repairer   GT: 104   EDU: HS Grad   Overseas: Southwest Asia   Combat: Kuwait/Iraq (041030-060102)
Decorations/Awards: ARCOM, AGCM, NDSM, GWOTEM, GWOTSM, ASR, OSR, AFRM (w/M Device-2), 
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 8 May 2007, the applicant was charged with AWOL X 3 (070104 to 070117, 070206 to 070206, and 070330 to 070501) however, DD Form 4187's and DD Form 214 found in the available records show that the applicant was AWOL (061101 to 061103, 061221 to 061227, and 070206 to 070301); failure to go at the time prescribed to his appointed place of duty X 4 (070309, 070310, 070317, and 070318); and stealing the property of another Soldier (070328).  On 16 May 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 commander recommended approval of an under other than honorable conditions discharge.  On 21 June 2007, the separation authority approved the discharge with an under other than honorable conditions discharge. 
      
      
      
      

      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, documents, and the issue he submitted, the analyst found no mitigating factors that would merit an upgrade of the applicant's discharge.  The evidence of record shows the applicant was charged with the commission of an offense punishable under the Uniform Code of Military Justice (UCMJ) with a punitive discharge.  The applicant consulted with defense counsel, and voluntarily in writing, requested separation from the Army in lieu of trial by court-martial.  In doing so, the applicant admitted guilt to the stipulated or lesser-included offenses under the UCMJ.  The analyst noted that all the requirements of law and regulation were met and the rights of the applicant were fully protected throughout the separation process.  It is also noted that the characterization of service for this type of discharge is normally under other than honorable conditions and that the applicant was aware of that prior to requesting discharge.  Furthermore, the analyst noted the applicant's issue, however, the record does not support the applicant’s contention that he suffers from Post Traumatic Stress symptoms and no evidence to support it has been submitted by the applicant, that his discharge was the result of any medical condition.  In view of the foregoing, the analyst determined that the reason for discharge and the characterization of service were both proper and equitable and recommends to the Board to deny relief.    
      
      
      
      
      

VII.  Summary of Army Discharge Review Board Hearing 

Type of Hearing: 			Date: 2 July 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 4    No change 1   - 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, and as result it is inequitable.  The Board found 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 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.
















Case report reviewed and verified by: Eric S. Moore, 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: NA

XI.  Certification Signature and Date
Approval Authority: 

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

Official: 


CHRISTINE U. MARTINSON			DATE: 11 July 2008
Lieutenant Colonel, U.S. Army
Chief, Secretary Recorder
ARMY DISCHARGE REVIEW BOARD - CASE REPORT AND DIRECTIVE

Case Number AR20080007517

Applicant Name: 
______________________________________________________________________


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