Applicant Name:  ?????

Application Receipt Date: 2008/04/16	Prior Review:     Prior Review Date: NA     

I.  Applicant Request:  Upgrade     Reason Change     RE Code Change    

Issues: The Applicant states in effect:  "Had personal issue arise at home and received verbal authorization to leave from first line leader. Upon return to duty I was informed I was absent without leave was automatically separated from service."  He provides a personal statement for the Board's consideration (enclosed).

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: 970212   Chapter: 10    AR: 635-200
Reason: In Lieu of Trial By Court-Martial	   RE:     SPD: KFS   Unit/Location: C Co, 2-87 IN Co, Fort Drum, NY 

Time Lost: 54 days, AWOL (960825-961017), 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:  31
Current ENL Date: 960131    Current ENL Term: 4 Years  ?????
Current ENL Service: 	00 Yrs, 10Mos, 10Days ?????
Total Service:  		04 Yrs, 00Mos, 12Days Includes post service 
Previous Discharges: 	None
Highest Grade: E-1		Performance Ratings Available: Yes    No 
MOS: 11B10/Infantryman   GT: 110   EDU: 1 YR COLL   Overseas: None   Combat: None
Decorations/Awards: ASR

V.  Post-Discharge Activity
City, State:  Camp Dubbs, Afghanistan
Post Service Accomplishments: Rejoined the Army National Guard on 18 February 2000 for 7 years, was ordered to active duty in support of operations in Afghanistan, served in a combat environment, achieved the rank of SSG/E-6, received a Bronze Star Medal for service in combat operations in Afghanistan (070514-080620).  He is still serving in the Michigan ARNG and has earned two honorable discharges for active service.

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."   The record contains an initial charge sheet, DD Form 458, in which the applicant was charged with being AWOL (960825-961017).

       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 document submitted with the application, the analyst recommends that the applicant’s characterization of service be upgraded to fully honorable conditions.  This recommendation was made after full consideration of the 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 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’s post service accomplishments in that he rejoined the Army National Guard on 18 February 2000 for 7 years, was ordered to active duty in support of operations in Afghanistan, served in a combat environment, achieved the rank of SSG/E-6, received a Bronze Star Medal for service in combat in Afghanistan (070514-080620), earned two honorable discharges for his active service, and continues to serve honorably, 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 fully honorable.  However, the reason for discharge remains both proper and equitable.
       
       
       
       
       
       
       
       
       
       
       
       
       
       
       
       
       
       
       
       
       
       
       
       
       
       
       
       
       
        

VII.  Summary of Army Discharge Review Board Hearing

Type of Hearing: 		Date: 20 February 2009         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 post service accomplishments.  The Board noted that the applicant rejoined the Army National Guard, served in a combat environment, achieved the rank of SSG/E-6, received a Bronze Star Medal for service in Afghanistan and earned two honorable discharges since the discharge under review.  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.  
        
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: PV2/E-2
ARMY DISCHARGE REVIEW BOARD - CASE REPORT AND DIRECTIVE

Case Number AR20080007729
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