Application Receipt Date: 060119 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 documents. 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: 050420 Discharge Received: Date: 050429 Chapter: 10 AR: 635-200 Reason: In Lieu of Trial by Court-Martial RE: SPD: KFS Unit/Location: Headquarters and Headquarters Company, US Army Garrison, Fort Myer, VA Time Lost: Absent without leave (AWOL) for 63 days (050214-050416). The applicant was apprehended by military authority at Andrew Air Force Base, MD; Confined for 5 days (050417-050421), and was transferred to Fort Myer, VA 22211 Article 15s (Charges/Dates/Punishment): None Court-Martials (Charges/Dates/Punishment): None Counseling Records Available: Yes No IV. Soldier’s Overall Record DOB: 710319 Current ENL Date: 040226 Current ENL Term: 03 Years ????? Current ENL Service: 01 Yrs, 02Mos, 04Days ????? Total Service: 16 Yrs, 04Mos, 27Days ????? Previous Discharges: USAR-880926-890705/NA ADT-890706-891104/UNC USAR-891105-901015/NA RA-901016-950705/HD RA-950706-980305/HD RA-980306-000810/HD RA-000811-040225/HD Highest Grade: E5 Performance Ratings Available: Yes No MOS: 42L10 (Administrative Specialist) GT: 110 EDU: HS Grad Overseas: Korea, Belgium Combat: None Decorations/Awards: JSCM, ARCOM (4th Award), JSAM, AAM (4th Award), NDSM (2d Award), AGCM (4th Award), GWOTSM, KDSM, NCOPDR, ASR, OSR 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 the applicant was charged with going AWOL from 14 February 2005 to 17 April 2005 and disobeying a lawful order from a (CPT) commissioned officer to provide a urine sample or words to that effect. 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 did not submit a statement in his own behalf. Records show that the unit commander recommended approval of a general, under honorable conditions discharge and that the intermediate and senior intermediate commanders recommended approval of an under other than honorable conditions discharge . On 25 April 2005, 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 and that he be reduced to the grade of private E-1. The applicant has a Military Police Report dated 17 April 2005, in his Official Military Personnel File. 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 a mitigating factor that would merit an upgrade of the characterization of service to general under honorable conditions. This recommendation was made after full consideration of his faithful and honorable service, as well as his record of misconduct. While the applicant's misconduct is not condoned, the evidence in this case supports a conclusion that the characterization of service was too harsh, and as a result it is inequitable. The analyst found that the overall length and quality of the applicant's service mitigated the discrediting entries in his service record. However, the analyst determined that the narrative reason for discharge was both proper and equitable. This action entails a restoration of grade to sergeant/E5. VII. Summary of Army Discharge Review Board Hearing Type of Hearing: Date: 14 May 2007 Location: Tampa, FL Did the Applicant Testify? Yes No Counsel: No Witnesses/Observers: [redacted] (Mother) Exhibits Submitted: Medical Reports and applicant for employment. 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 characterization of service was too harsh, and as a result it is inequitable. Accordingly, the Board voted to grant relief in the form of an upgrade of 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. This action does entail a restoration of grade to sergeant/E5. 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: NA Other: NA RE Code: Grade Restoration: No Yes Grade: SGT/E5 XI. Certification Signature and Date Approval Authority: MARK E. COLLINS Colonel, U.S. Army President, Army Discharge Review Board Official: MARY E. SHAW DATE: 22 May 2007 Lieutenant Colonel, U.S. Army Chief, Secretary Recorder ARMY DISCHARGE REVIEW BOARD - CASE REPORT AND DIRECTIVE Case Number AR20060000793 Applicant Name: Mr. (Corrected Copy) ______________________________________________________________________ Page 4 of 5 pages