Applicant Name:  ?????

Application Receipt Date: 2008/11/07	Prior Review:     Prior Review Date: 990224/Records Review     

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: 	   Date: NIF
Discharge Received: 			   Date: 931119   Chapter: 10       AR: 635-200
Reason: In Lieu of Trial by Court-Martial	   RE:     SPD: KFS   Unit/Location: Spt Co, 2-3 SFG (ABN), Fort Bragg, NC 

Time Lost: None

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:  26
Current ENL Date: 910506    Current ENL Term: 4 Years  ?????
Current ENL Service: 	02 Yrs, 06Mos, 11Days ?????
Total Service:  		10 Yrs, 04Mos, 19Days ?????
Previous Discharges: 	USAR-830701-831017/NA
                                       RA-831018-880616/HD
	                          RA-880617-910508/HD
Highest Grade: E-5		Performance Ratings Available: Yes    No 
MOS: 92Y1S Unit Supply Spec   GT: 115   EDU: 13 Years   Overseas: Germany/Southwest Asia   Combat: SWA (900810-910327)
Decorations/Awards: ARCOM, AAM-2, AGCM-3, SWASM-2 BSS, NCOPDR-2, OSR, KLM-SA, KLM-Kuwait,   

V.  Post-Discharge Activity
City, State:  Columbia, SC
Post Service Accomplishments: The applicant states he earned a Bachelors Degree in Business Administration, is an active member in his church.  Further, the applicant enlisted in the South Carolina Army National Guard for one year (040308) and was promoted to SGT/E-5 again. 

VI.  Facts, Circumstances, and Legal Basis for Separation

       a.  Facts and Circumstances:
       The evidence of record shows that on 30 September 1993, the applicant was charged with dereliction of duty x 2 (930618) and (930613); with intent to defraud by falsely making signatures x 2 (930618) and (930613).  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 available record does not indicate whether or not the applicant submitted a statement in his own behalf.  The unit and intermediate commander's recommended approval of the Chapter 10 request with an under other than honorable conditions discharge.  On 27 October 1993, 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.
       
       The separation packet is not part of the available record, however, the  information was extracted from the applicant's previous OSA Form 172 (Decisional Document). 

       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 and 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.  While, the applicant's misconduct is not condoned, the analyst found that the overall length and quality of the applicant's service, to include his combat service, and his post service accomplishments (enlisted in the South Carolina Army National Guard, was promoted to SGT/E-5, earned a Bachelors Degree in Business Administration), mitigated the discrediting entries in the service record.  Accordingly, the analyst recommends to the Board that partial relief be granted in the form of an upgrade of the  characterization of service to general, under honorable conditions.  This action entails a restoration of grade to SGT/E-5.
       
       Furthermore, by his misconduct, the applicant diminished the quality of his service below that meriting a fully honorable discharge.  Further, the analyst noted the the applicant's issue requesting that his reentry eligibility (RE) code be changed; however, the documents submitted with his application shows that the applicant  enlisted in the South Carolina Army National Guard with a waiver and was promoted to SGT/E-5.  In view of the foregoing, the analyst determined that the reason for discharge was fully supported by the record.  

VII.  Summary of Army Discharge Review Board Hearing

Type of Hearing: 		Date: 23 April 2009         Location: Atlanta, GA

Did the Applicant Testify?  Yes     No  

Counsel: No

Witnesses/Observers: ? 

Exhibits Submitted: No

VIII.  Board Discussion, Determination, and Recommendation
After carefully examining the applicant’s record of service during the period of enlistment under review, hearing his testimony and considering the analyst’s recommendation and rationale, the Board determined that the discharge is now inequitable.  The Board found that the overall length and quality of the applicant's service, to include his combat service, and his post service accomplishments, (enlisted in the South Carolina Army National Guard, was promoted to SGT/E-5), since his discharge 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 fully honorable and a change to the narrative reason for separation to Secretarial Authority.  This action entails a change to the reentry eligibility (RE) code to "1" and a restoration of grade to SGT/E-5.  


        
IX.  Board Decision						
	XI.  Certification Signature
Board Vote:  							          Approval Authority:	
Character - Change 5    No change 0
Reason -     Change 5    No change 0
(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: Secretarial Authority under provisions of Chapter 5, AR 635-200.
Other: NA										
RE Code: 
Grade Restoration:   No   Yes   Grade: SGT/E-5
ARMY DISCHARGE REVIEW BOARD - CASE REPORT AND DIRECTIVE

Case Number AR20080018106
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