Applicant Name: ????? Application Receipt Date: 081015 Prior Review: Prior Review Date: 970813 5-0 No Change I. Applicant Request: Upgrade Reason Change RE Code Change Issues: See enclosed DD Form 293 submitted by the Applicant. II. Were Proper Discharge and Separation Authority procedures followed? Tender Offer: NA See Attachments: Legal Medical Minority Opinion Exhibits III. Discharge Under Review Unit CDR Recommended Discharge: Date: NIF Discharge Received: Date: 931013 Chapter: 5 AR: 635-120 Reason: In Lieu of Trial by Court-Martial RE: SPD: DFS Unit/Location: Co A, 19th Engr Bn, 194th Sep Armd Bde, Ft. Knox, KY Time Lost: AWOL (930602-930629 surrendered; 930630 pretrial confinment; 931005-931013 discharged) total days AWOL 35 days. Article 15s (Charges/Dates/Punishment): None Courts-Martial (Charges/Dates/Punishment): None Counseling Records Available: Yes No IV. Soldier’s Overall Record Age at current enlistment: 31 Current ENL Date: 910118 Current ENL Term: NA Years ????? Current ENL Service: 2 Yrs, 7Mos, 19Days ????? Total Service: 11 Yrs, 1Mos, 19Days ????? Previous Discharges: RA821013-870111/HD RA870110-910117/HD E6 Highest Grade: O-2 Performance Ratings Available: Yes No MOS: 21B Combat Engineer GT: NIF EDU: College Grad BA Overseas: Korea (8801-8901; 9109-9209) Combat: None Decorations/Awards: ARCOM-3, AAM-2, AGCM-2, NDSM, NCOPD, ASR, OSR-2, V. Post-Discharge Activity City, State: Chillicothe, OH Post Service Accomplishments: Nothing provided by the Applicant. VI. Facts, Circumstances, and Legal Basis for Separation a. Facts and Circumstances: The applicant’s record is void of the specific facts and circumstances concerning the events that led to the discharge from the Army. However, the record does contain a properly constituted DD Form 214 (Certificate of Release or Discharge from Active Duty), which was not authenticated by the applicant’s signature. The DD Form 214 indicates that the applicant was discharged under the provisions of Chapter 5, AR 635-120, for the good of the service in lieu trial by court-martial with a characterization of service of under other than honorable conditions. Furthermore, the DD Form 214 shows a Separation Code of DFS (i.e., for the good of the service-in lieu of court-martial). The record contains a memorandum of Resignation for the Good of the Service signed by the applicant stating his voluntarily resignation from the Army for good of the service. The applicant consulted with legal counsel, was advised of the impact of the discharge action, and did not submit a statement in his own behalf. On 8 September 1993 the Ad Hoc Review Board recommended that the applicant’s resignation be accepted with issuance of an under other than honorable conditions discharge. On 17 September 1993, the Deputy Assistant Secretary (DA Review Boards and Equal Employment Opportunity Compliance and Complaints Review) approved the recommendation of the Army Ad Hoc Review Board and directed that the applicant be discharged with a characterization of service of under other than honorable conditions. The record contains a referred OER dated 930610. b. Legal Basis for Separation: Army Regulation 635-120 sets forth the basic authority for the separation of officer resignations and discharges. Chapter 5 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. A resignation for the good of the service is normally accepted as being under other than honorable conditions. c. Response to Issues, Recommendation and Rationale: After a careful review of the applicant’s military records, and the issue submitted with the application, the analyst found no mitigating factors that would merit an upgrade of the applicant's 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. Therefore, the analyst determined that the reason for discharge and the characterization of service were both proper and equitable and recommends to the Board to deny relief. VII. Summary of Army Discharge Review Board Hearing Type of Hearing: Date: 090623 Location: Chicago, IL Did the Applicant Testify? Yes No Counsel: NA Witnesses/Observers: NA Exhibits Submitted: Yes VIII. 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 based on the applicant’s length and quality of his service and as a result, it is inequitable. Accordingly, the Board voted to grant relief by changing the characterization of service to general under honorable conditions. The Board determined that the reason for discharge was both proper and equitable and voted not to change it. IX. Board Decision XI. Certification Signature Board Vote: Approval Authority: Character - Change 5 No change 0 Reason - Change 0 No change 5 (Board member names available upon request) EDGAR J. YANGER Colonel, U.S. Army X. Board Action Directed President, Army Discharge Review Board Issue a new DD Form 214 Change Characterization to: Change Reason to: NA Other: NA RE Code: Grade Restoration: No Yes Grade: NA ARMY DISCHARGE REVIEW BOARD - CASE REPORT AND DIRECTIVE Case Number AR20080016090 ______________________________________________________________________________ Page 2 of 3 pages