Application Receipt Date: 060831 Prior Review Prior Review Date: None I. Applicant Request Request: Upgrade Reason Change RE Code Change Issues: See 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: 060714 Discharge Received: Date: 060726 Chapter: 10 AR: 635-200 Reason: In Lieu of Trial by Court-Martial RE: SPD: KFS Unit/Location: C Company, 40th Signal Battalion, Fort Huachuca, AZ 85613 Time Lost: The applicant's DD Form 458 (Charge Sheet) and the DA Form 5112 (Checklist for Pretrial Confinement) indicates the applicant was AWOL for a total of 6 days from (060602-060609). The DD Form 214, item 29 (Time Lost) does not show this period of AWOL. Article 15s (Charges/Dates/Punishment): The applicant indicates in his statement that he received an Article 15 for assaulting his wife, and the punishment he received included: forfeiture of $692.25 pay per month for two months; 45 days extra duty, and reduction from E-4 to E-2 (reduction to E-1 was suspended for 6 months). However, the Article 15 is not part of the available record. Also, the DA Form 5112 dated (060605) indicates the applicant received an Article 15 in December 2005, for spousal abuse, however, a copy of the Article 15 could not be located and is not part of the available record. Court-Martials (Charges/Dates/Punishment): None Counseling Records Available: Yes No IV. Soldier’s Overall Record DOB: 840903 Current ENL Date: 030814 Current ENL Term: 4 Years ????? Current ENL Service: 2 Yrs, 11 Mos, 13 Days ????? Total Service: 2 Yrs, 11 Mos, 13 Days ????? Previous Discharges: None Highest Grade: E4 Performance Ratings Available: Yes No MOS: 25L10 Cable System Inst/Maint GT: 98 EDU: HS Grad Overseas: None Combat: None Decorations/Awards: NDSM, GWOTSM, 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 11 April 2006 to 15 June 2006, the applicant was charged with failing to go to his appointed place of duty x 10, (060205), (060203), (060127), (060422), (060205); (060203), (060127), (060127), (060203), (060205), leaving his appointed place of duty x 8, (060203), (060128), (060126), (060203), (060128), (060126), (060128), (060203), AWOL x 2, (060602-060605), (060605-060609), and was disrespectful in language toward a SSG. On 10 July 2006, 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. The unit commander and intermediate commanders recommended approval of an under other than honorable conditions discharge. On 19 July 2006, the separation authority approved the discharge with an under other than honorable conditions discharge. 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 he submitted, 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. Furthermore, at the time of discharge the applicant was appropriately assigned a reentry eligibility (RE) code of “4.” An RE code of “4” can not be waived and the applicant is no longer eligible for reenlistment. Therefore, the reason for discharge and the characterization of service remains both proper and equitable. VII. Summary of Army Discharge Review Board Hearing Type of Hearing: Date: 15 March 2007 Location: Dallas, Texas Did the Applicant Testify? Yes No Counsel: None Witnesses/Observers: None Exhibits Submitted: None 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 No change (Character) Change No change (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 determined that the discharge was both proper and equitable, voted to deny relief. Case report reviewed and verified by: Mr. Ron Williams, Examiner X. Board Action Directed No Change Issue a new DD Form 214 Change Characterization to: Change Reason to: None Other: None RE Code: Grade Restoration: No Yes Grade: None XI. Certification Signature and Date Approval Authority: MARK E. COLLINS Colonel, U.S. Army President, Army Discharge Review Board Official: MARY E. SHAW DATE: 28 March 2007 Lieutenant Colonel, U.S. Army Chief, Secretary Recorder ARMY DISCHARGE REVIEW BOARD - CASE REPORT AND DIRECTIVE Case Number AR20060012253 Applicant Name: Mr. ______________________________________________________________________ Page 6 of 6 pages