Applicant Name: ????? Application Receipt Date: 080303 Prior Review Prior Review Date: None I. Applicant Request Request: Upgrade Reason Change RE Code Change Issues: See enclosed DD Form 293 and attached documents submitted by the applicant. 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: 990713 Discharge Received: Date: 000510 Chapter: 10 AR: 635-200 Reason: In Lieu of Trial by Court-Martial RE: SPD: KFS Unit/Location: Company B, 1st Battalion, 505th PIR, Fort Bragg, NC 28307-5100 Time Lost: AWOLx 1 for 46 days (981027-981212). He surrendered to the military authorities at Fort Knox, KY. Article 15s (Charges/Dates/Punishment): None Court-Martials (Charges/Dates/Punishment): None Counseling Records Available: Yes No IV. Soldier’s Overall Record Year/Month: 1978/03 HOR City, State: Kenosha, WI Current ENL Date: 980218 Current ENL Term: 4 Years 17 Weeks Current ENL Service: 2 Yrs, 1 Mos, 6 Days The applicant was placed on excess leave for a total of 511 days from (981217-000510). Total Service: 2 Yrs, 1 Mos, 6 Days ????? Previous Discharges: None Highest Grade: E-2 Performance Ratings Available: Yes No MOS: 11B1P Infantryman GT: 117 EDU: HS Grad Overseas: None Combat: None Decorations/Awards: ASR, PB V. Post-Discharge Activity Post Service Accomplishments: See enclosed DD Form 293 and attached documents submitted by the applicant. VI. Facts, Circumstances, and Legal Basis for Separation a. Facts and Circumstances: The evidence of record shows that on 16 December 1998, the applicant was charged with AWOL (981027-981213). On 16 December 1998, 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; however, that statement is not part of the available record. The unit commander recommended approval of an under other than honorable conditions discharge. On 1 September 1999, 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 for the period of enlistment under review, the issue and documents he submitted, the analyst found several mitigating factors that would merit an upgrade of the applicant's characterization of service to general, under honorable conditions. The analyst does not condone the applicant’s misconduct; however, determined that the characterization of service is too harsh and as a result it is now inequitable. The analyst found that the circumstances surrounding the discharge, his post service accomplishments and the time that has elapsed since his discharge mitigated the discrediting entry in his service record. Accordingly, the analyst recommends to the Board that the characterization of service be upgraded to general, under honorable conditions. However, the analyst determined that the reason for discharge was both proper and equitable. This action entails a restoration of grade to PV2/E-2. VII. Summary of Army Discharge Review Board Hearing Type of Hearing: Date: 21 July 2008 Location: Washington, DC Did the Applicant Testify? Yes No Counsel: ????? Witnesses/Observers: None Exhibits Submitted: The applicant submitted three additional documents in support of his hearing. 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 5 No change 0 - 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, hearing his testimony 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 now inequitable. Accordingly, the Board voted to grant partial 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 and the reentry eligibility (RE) code was both proper and equitable, and voted not to change it. X. Board Action Directed No Change Issue a new DD Form 214 Change Characterization to: Change Reason to: NA Other: NA RE Code: Grade Restoration: No Yes Grade: PV2/E-2 XI. Certification Signature and Date Approval Authority: MARK E. COLLINS Colonel, U.S. Army President, Army Discharge Review Board Official: CHRISTINE U. MARTINSON DATE: 25 July 2008 Lieutenant Colonel, U.S. Army Chief, Secretary Recorder ARMY DISCHARGE REVIEW BOARD - CASE REPORT AND DIRECTIVE Case Number AR20080003461 ______________________________________________________________________ Page 1 of 5 pages