Application Receipt Date: 061016 Prior Review Prior Review Date: None I. Applicant Request Request: Upgrade Reason Change RE Code Change Issues: See applicant's attached DD Form 293 and supporting document. 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: 031005 Discharge Received: Date: 031114 Chapter: 10 AR: 635-200 Reason: In Lieu of Trial by Court-Martial RE: SPD: KFS Unit/Location: D Battery, 319th AFAR, 173d Airborne Brigade, 4th Infantry Division (Mechanized), Tikrit, Iraq 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: 721021 Current ENL Date: 001106 Current ENL Term: 04 Years ????? Current ENL Service: 03 Yrs, 11Mos, 09Days ????? Total Service: 13 Yrs, 07Mos, 15Days ????? Previous Discharges: ARNGUS-900329-900603 ADT-900604-901012/UNC ARNGUS-901013-910429/NA RA-910430-940830/HD RA-910831-971029/HD RA-971030-991031/HD RA-991101-001105/HD Highest Grade: E6 Performance Ratings Available: Yes No MOS: 31U1P (Signal Support Systems Specialist) GT: 81 EDU: HS Grad Overseas: Korea Combat: Iraq (Dates are unknown) Decorations/Awards: ARCOM (2d Award), AAM (6st Award), AGCM (3d Award), NDSM (2d Award), AFEM, NCOPDR, ASR, OSR (#2), UNM, Parachutist Badge 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 14 September 2003, the applicant was charged with committing an assault on a foreign national by pointing at his head with a dangerous weapon " a loaded firearm, unlawfully stiking a foreign national on the body with his hand, unlawfully striking a foreign national by tripping him with his foot, and unlawfully striking a foreign national in the face and stomach with his hand on 2 August 2003. The applicant's request for discharge in lieu of trail by court-martial is not part of the available record and the analyst is presuming Government regularity in the discharge process. On 5 October 2003, the chain of command recommended approval with an under, other than honorable condition discharge. On 23 October 2003, 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 discharge and that he be reduced to the lowest enlisted pay grade 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 available military records, and the issue he submited, the analyst found no mitigating factors that would merit an upgrade of the applicant's discharge. The applicant’s DD Form 214 (Certificate of Release or Discharge from Active Duty), identifies the reason and characterization of the discharge and the analyst presumed Government regularity in the discharge process. The evidence of record shows the applicant was discharged under the provisions of Chapter 10, AR 635-200, in lieu of trial by court-martial. In connection with such a discharge, the applicant was charged with the commission of an offense punishable under the Uniform Code of Military Justice (UCMJ) with a punitive discharge. Procedurally, the applicant was required to consult with defense counsel and to voluntarily, and in writing, request 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. In the absence of information to the contrary, it is presumed that all 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 would have been aware of that prior to requesting discharge. 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, TX Did the Applicant Testify? Yes No Counsel: Yes Witnesses/Observers: No Exhibits Submitted: Two letters of recommendation. 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, 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, the circumstances surrounding the discharge, and his post service accomplishments, mitigated the discrediting entries in the service record. Accordingly, the Board voted to grant relief in the form of an upgrade of the characterization of service to fully honorable and change the narrative reason for separation to Secretarial Authority. This action does entail a change to the reentry eligibility (RE) code to "1", and a restoration of grade to Staff Sergeant/E6. 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: Secretarial Authority under Chapter 5, AR 635-200. Other: NA RE Code: Grade Restoration: No Yes Grade: E6 XI. Certification Signature and Date Approval Authority: MARK E. COLLINS Colonel, U.S. Army President, Army Discharge Review Board Official: MARY E. SHAW DATE: 23 March 2007 Lieutenant Colonel, U.S. Army Chief, Secretary Recorder ARMY DISCHARGE REVIEW BOARD - CASE REPORT AND DIRECTIVE Case Number AR20060014777 Applicant Name: Mr. ______________________________________________________________________ Page 5 of 5 pages