Application Receipt Date: 060721 Prior Review Prior Review Date: None I. Applicant Request Request: Upgrade Reason Change RE Code Change Issues: See applicant's attached DD Form 293. 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: 910925 Discharge Received: Date: 911022 Chapter: 10 AR: 635-200 Reason: For the Good of Service-In Lieu of Court-Martial RE: SPD: KFS Unit/Location: A Battery, 5th Battalion, 8th Field Artillery, Fort Bragg, NC Time Lost: Absent without leave for a total of 162 days (910401-910909). Applicant surrendered to military authority at Fort Benjamin Harrison, IN Article 15s (Charges/Dates/Punishment): None Court-Martials (Charges/Dates/Punishment): None Counseling Records Available: Yes No IV. Soldier’s Overall Record DOB: 680105 Current ENL Date: 900102 Current ENL Term: 3 Years 15 Weeks Current ENL Service: 01 Yrs, 04Mos, 07Days (Includes 34 days of excess leave 910919-911022) Total Service: 01 Yrs, 04Mos, 07Days ????? Previous Discharges: None Highest Grade: E2 Performance Ratings Available: Yes No MOS: 13B10 (Cannon Crewmember) GT: 101 EDU: HS Grad Overseas: Southwest Asia Combat: Iraq (900901-910327) Decorations/Awards: ASR V. Post-Discharge Activity Home of Record: Current Address: Post Service Accomplishments: None Listed VI. Facts, Circumstances, and Legal Basis for Separation a. Facts and Circumstances: The evidence of record shows that on 19 September 1991, the applicant was charged with going AWOL from 1 April 1991 to 10 September 1991. On 19 September 1991, 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 a 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 reviewed the proposed discharge action and recommended approval of the separation action with a under other than honorable conditions discharge. The intermediate commander reviewed the proposed discharge action and recommended approval of the separation action with a under other than honorable conditions discharge. On 25 September 1991, the separation authority waived further rehabilitative efforts and directed that the applicant be discharged with a characterization of service of under other than honorable conditions and that he be reduced to private/E1. 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 he submitted, the analyst found several mitigating factors that would merit an upgrade of the characterization of service to general under honorable conditions. This recommendation was made after full consideration of his faithful and honorable service, as well as his record of misconduct. While the applicant's misconduct is not condoned, the evidence in this case supports a conclusion that the characterization of service was too harsh, and as a result it is now inequitable. The analyst found that the applicant's combat service, the circumstances surrounding the discharge, and the time that has elapsed since his discharge, mitigated the discrediting entry in his service record. However, the reason for discharge remains both proper and equitable. VII. Summary of Army Discharge Review Board Hearing Type of Hearing: Date: 11 July 2007 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 does not condone the applicant’s misconduct; however, determined that the characterization of service was too harsh, and as a result, it is now inequitable. The Board found that the circumstances surrounding the AWOL, his combat service, and the time that has elasped since his discharge, mitigated the discrediting entry in his service record. Accordingly, the Board voted to grant partial relief in the form of an upgrade of the 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. This action entails a restoration of grade to PV2/E2. 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: None Other: NA RE Code: Grade Restoration: No Yes Grade: PV2/E2 XI. Certification Signature and Date Approval Authority: MARK E. COLLINS Colonel, U.S. Army President, Army Discharge Review Board Official: MARY E. SHAW DATE: 20 July 2007 Lieutenant Colonel, U.S. Army Chief, Secretary Recorder ARMY DISCHARGE REVIEW BOARD - CASE REPORT AND DIRECTIVE Case Number AR20060010216 Applicant Name: Mr. ______________________________________________________________________ Page 2 of 5 pages