Applicant Name:  ?????

Application Receipt Date: 081205	Prior Review:     Prior Review Date: NA     

I.  Applicant Request:  Upgrade     Reason Change     RE Code Change    

Issues: See enclosed DD Form 293 and documents submitted by the Applicant.   The Applicant states: "I am requesting an upgrade to my discharge so that I can move on and get better paying respectable employment in the civilian work force. I believe this upgrade should be granted because of my exemplary service while on active duty.  I was a Staff Sergeant excelling in my career, I earned my rank as SSG in under six years and after 2 combat deployments was selected through my NCO support chain to become an instructor at the NCO academy.  I have given up so much of my life for the Army, to include the first years of two of my daughters lives, and also a failed marriage because the Army always came first.  I was a great leader, a great trainer, and an outstanding NCO as reflected on my NCOER's. I made a simple mistake which spiraled out of control.  When asked of the situation by CID I maintained my military bearing and my integrity and supplied them with the information which I knew would incriminate me also knowing if I was to lie about the situation no further action could or would be taken.  I gracefully and honorably supported, defended, and fought for my country and I believe that a discharge upgrade should be granted".

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: 080130
Discharge Received: 			   Date: 080211   Chapter: 10       AR: 635-200
Reason: In Lieu of Trial by Court-Martial	   RE:     SPD: KFS   Unit/Location: C Battery, 3rd Bn, 27th Field Artillery Regiment, Ft. 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:  25
Current ENL Date: 060905    Current ENL Term: 6 Years  ?????
Current ENL Service: 	1 Yrs, 5Mos, 6Days ?????
Total Service:  		7 Yrs, 7Mos, 6Days ?????
Previous Discharges: 	RA 000706-060904/HD
Highest Grade: E6		Performance Ratings Available: Yes    No 
MOS: 13P/MLRS/Fire Dir Spec   GT: 108   EDU: HS Grad   Overseas: Korea   Combat: None
Decorations/Awards: JSCM, ARCOM, AAM, AGCM-2, GWOTSM, KDSM, NCOPD, ASR, OSR

V.  Post-Discharge Activity
City, State:  Lake Wales, FL
Post Service Accomplishments: Nothing provided by the Applicant.




VI.  Facts, Circumstances, and Legal Basis for Separation

       a.  Facts and Circumstances:
       The evidence of record shows that on 16 November 2007, the applicant was charged with larceny on or about 1 June 2006 and on or about 31 July 2006, steal twelve amplifiers, two intercommunications sets, and one amplifier adapter, military property, of a value more than $500, the property of the United States Government (071116).  On 23 January 2008, 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 1 February 2008, the separation authority approved the discharge with a characterization of service of under other than honorable conditions.  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, and the issue submitted with the application, 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. The analyst noted the applicant's issue; however, the Board does not grant relief solely for the purpose of gaining employment or enhancing employment opportunities. Therefore, 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: 090909         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, and as a result it is inequitable.  The Board determined 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 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: NA
ARMY DISCHARGE REVIEW BOARD - CASE REPORT AND DIRECTIVE

Case Number AR20080019278
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