Application Receipt Date: 060908 Prior Review Prior Review Date: None I. Applicant Request Request: Upgrade Reason Change RE Code Change Issues: See DD Form 293 and attached documents. II. Were Proper Discharge and Separation Authority procedures followed? Yes No Tender Offer: Records Review/070205 See Attachments: Legal Medical Minority Opinion Exhibits III. Original Character of Discharge Unit CDR Recommended Discharge: Date: NIF Discharge Received: Date: 040915 Chapter: 10 AR: 635-200 Reason: In Lieu Of Trial By Court-Martial RE: SPD: KFS Unit/Location: HHD 87th CSB Fort Stewart, GA 31314 Time Lost: None Article 15s (Charges/Dates/Punishment): None Court-Martials (Charges/Dates/Punishment): None Counseling Records Available: Yes No IV. Soldier’s Overall Record DOB: 680925 Current ENL Date: 000127 Current ENL Term: Indef Years ????? Current ENL Service: 04 Yrs, 07Mos, 18 Days ????? Total Service: 18 Yrs, 00 Mos, 19 Days ????? Previous Discharges: RA-860827-900214/HD RA-900215-931012/HD RA-931013-960422/HD RA-960423-000126/HD Highest Grade: E7 Performance Ratings Available: Yes No MOS: 92W40 Water Treatment Spec GT: 103 EDU: HS Grad Overseas: Korea/Hawaii Combat: Kuwait/Iraq (020901-030826) Decorations/Awards: BSM, MSM (3), ARCOM (5), AAM (5), AGCM (5), NDSM (2), SWASM w/2 BSS, GWOTEM, GWOTSM, KDSM, HSM (2), NCOPDR w/2, ASR, OSR (2), KLM (SA), KLM (K), PUC 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 reveals that on 1 June 2004, the applicant was charged with failure to obey a lawful general regulation, by wrongfully engaging in a prohibited relationship with a PFC, on diverse occasions, between on or about (030915) and between on or about (040408), maltreat a PFC, on diverse occasions, between on or about (030915) and between on or about (040408), maltreat a PFC, on diverse occasions, between on or about (031101) and between on or about (040408), and maltreat a PFC, on diverse occasions, between on or about (030901) and between on or about (040408.) On 12 August 2004, 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 courts-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. On 17 August 2004, the separation authority disapproved the request for discharge in lieu of trial by court-martial. The chain of command recommended approval of the Chapter 10 request with an under other than honor conditions discharge. On 24 August 2004, the separation authority approved the discharge and directed issuance of an Under Other Than Honorable Conditions Discharge. The applicant was to be reduced to the lowest enlisted rank. An AR 15-6 investigation was conducted on 05 May 2004. b. Legal Basis for Separation: Army Regulation 635-200 sets forth the basic authority for the separation of enlisted personnel. Chapter 10 of the 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 requests 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, the issues and documents he submitted, the analyst found that the discharge was improper. On 17 August 2004, the separation authority disapproved the request for discharge in lieu of trial by court-martial. On 24 August 2004, the separation authority approved the discharge and directed issuance of an Under Other Than Honorable Conditions Discharge. The doctrine of administrative finality states once an official makes a decision and it is announced or published, he cannot change the decision without specific legal authority or an authorized request to reconsider. In view of the aforementioned the discharge was improper. Accordingly, the analyst reccomends relief in the form of an upgrade of characterization of service to fully honorable and a change to the narrative reason for separation to Secretarial Authority. This action does not entail a change to the reentry eligibility (RE) code, however, the Board can consider it. This action entails a restoration of grade to SFC/E7. VII. Summary of Army Discharge Review Board Hearing Type of Hearing: Date: 070205 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 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 improper. 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 does not entail a change to the reentry eligibility (RE) code. However, this action entails a restoration of grade to SFC/E7 Case report reviewed and verified by: Mr. Kenneth McFarley, Examiner X. Board Action Directed No Change Issue a new DD Form 214 Change Characterization to: Change Reason to: Secretarial Authority under provisions of Chapter 5, AR 635-200. Other: None RE Code: Grade Restoration: No Yes Grade: SFC/E7 XI. Certification Signature and Date Approval Authority: ROBERT L. HOUSE Colonel, U.S. Army President, Army Discharge Review Board Official: MARY E. SHAW DATE: 070209 Lieutenant Colonel, U.S. Army Chief, Secretary Recorder ARMY DISCHARGE REVIEW BOARD - CASE REPORT AND DIRECTIVE Case Number AR20060012935 Applicant Name: Mr. ______________________________________________________________________ Page 5 of 5 pages