Applicant Name:  ?????

Application Receipt Date: 080710	Prior Review:     Prior Review Date: NA     

I.  Applicant Request:  Upgrade     Reason Change     RE Code Change    

Issues: See attached DD Form 293 and supporting 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: 	   Date: NIF
Discharge Received: 			   Date: 060512   Chapter: 10       AR: 635-200
Reason: In Lieu of Trial by Court Martial	   RE:     SPD: KFS   Unit/Location: B Field Maintenance Co, 215th Bde Spt Bn, 3rd Heavy BCT, 1st Cav Div, Ft. Hood, TX  

Time Lost: AWOL x 2, total 9 days (051231-060102 & 060112-060117), surrendered to military authorities.

Article 15s (Charges/Dates/Punishment): 051214, Failure to go at the time prescribed to his appointed place of duty x 6 (050926, 050927, 050928, 050929, 050930, 051003), AWOL (051005-051019), failure to obey a lawful command from a commissioned officer (051003); Reduction to E1, forfeiture of $617.00 and extra duty for 45 days (FG).

Courts-Martial (Charges/Dates/Punishment): None

Counseling Records Available: Yes    No 

IV.  Soldier’s Overall Record
Age at current enlistment:  22
Current ENL Date: 050204    Current ENL Term: 05 Years  Applicant's reenlistment contract is not in the record of evidence, however, Applicant stated he reenlisted in February 2005 while in Iraq and, in fact, the Applicant was in Iraq 040901-050901 and the Applicant's Charge Sheet, dated 20060306, indicates the Applicant's current service initial date was 20050204 for a term of 60 months.
Current ENL Service: 	01 Yrs, 03 Mos, 12 Days ?????
Total Service:  		03 Yrs, 05 Mos, 28 Days ?????
Previous Discharges: 	RA - 021107-050203/HD
Highest Grade: E4		Performance Ratings Available: Yes    No 
MOS: 63M Bradley FV Sys Mntnr   GT: 103   EDU: GED   Overseas: SWA   Combat: Iraq (040901-050901)
Decorations/Awards: AAM, NDSM, GWOTEM, GWOTSM, ASR, CIB

V.  Post-Discharge Activity
City, State:  Warren, OH
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 6 March 2006, the Applicant was charged with AWOL x 2 (051231-060103 & 060112-060118), failure to go at the time prescribed to his appointed place of duty x 10 (060106, 060107, 060113, 060114, 060115, 060116, 060117, 060118, 060119, 060206), failure to obey a lawful order from an NCO (060124), and wrongful use of marijuana x 2 (051204-060104 and 060116-060216).  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 submitted a statement in his own behalf.  On 2 May 2006, the separation authority approved the discharge with characterization of service of under other than honorable conditions.

       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 the Applicant’s military records, and the issue and documents submitted with the application, the analyst found several mitigating factors that would merit an 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 was too harsh, and as a result it is inequitable.  The analyst found that the quality and length of the Applicant's service to include the former Soldier’s combat service mitigated the discrediting entries in his service record.  Accordingly, the analyst recommends that the Applicant’s characterization of service be upgraded to general, under honorable conditions.  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: 1 May 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 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 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 4    No change 1
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: No Change
ARMY DISCHARGE REVIEW BOARD - CASE REPORT AND DIRECTIVE

Case Number AR20080011044
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