Application Receipt Date: 060123 Prior Review Prior Review Date: None I. Applicant Request Request: Upgrade Reason Change RE Code Change Issues: See DD Form 293 with attachments 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: NIF Discharge Received: Date: 910108 Chapter: 10 AR: 635-200 Reason: For The Good of The Service-In Lieu of Court-Martial RE: SPD: KFS Unit/Location: HHC, 1/41 Infantry Regiment, 2nd AD (F), USAREUR EP, Fort Dix, NJ 08640-7230 Time Lost: None Article 15s (Charges/Dates/Punishment): 881026; failed to carry out orders to clean his room (Summarized) Court-Martials (Charges/Dates/Punishment): None Counseling Records Available: Yes No IV. Soldier’s Overall Record DOB: 690428 Current ENL Date: 870901 Current ENL Term: 3 Years 11 Weeks Current ENL Service: 3 Yrs, 4 Mos, 8 Days ????? Total Service: 3 Yrs, 4 Mos, 8 Days ????? Previous Discharges: None Highest Grade: E3 Performance Ratings Available: Yes No MOS: 11M1000 FV Infantryman GT: 108 EDU: 10 Years Overseas: Germany (880104-900103) Combat: None Decorations/Awards: ASR V. Post-Discharge Activity Home of Record: Current Address: Post Service Accomplishments: See DD Form 293 with attachments 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 a 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 authenticated by the applicant’s signature. His DD Form 214 indicates that he was discharged under the provisions of Chapter 10, AR 635-200, for the good of the service-in lieu of court-martial with a characterization of service of under other than honorable conditions. Furthermore, the DD Form 214 shows a Separation Code of KFS (i.e., for the good of the service-in lieu of court-martial) with a reentry eligibility (RE) code of "3." On 8 January 1991, Orders 008-023, DA, Headquarters, US Army Training Center and Fort Dix Transition Point, Fort Dix, NJ, discharged the applicant from the regular Army, effective date: 8 January 1991. The applicant was to be reduced to the lowest enlisted rank. The applicant has a Military Police Desk Blotter in file, dated (890525) 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 records for the period of enlistment under review, the issue and documents he submitted, the analyst found no mitigating factors that would merit an upgrade of the applicant's discharge. The applicant’s record is void of facts and circumstances concerning the events that led to a discharge from the Army. However, the analyst noted that the applicant’s record does contain a properly constituted DD Form 214 (Certificate of Release or Discharge from Active Duty), which was authenticated by the applicant. This document 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, for the good of the service 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, the Board was satisfied that all requirements of law and regulation were met and the rights of the applicant were fully protected throughout the separation process. It 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: 7 August 2006 Location: Washington, DC Did the Applicant Testify? Yes No Counsel: NA Witnesses/Observers: NA Exhibits Submitted: four (4) supporting documents in reference to his post service accomplishments 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 does not condone the applicant’s misconduct; however, determined that the circumstances surrounding the discharge, his post service accomplishments and the time that has elasped since his discharge mitigated the discrediting entry in his service record. 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 entails a restoration of grade to PFC/E3. However, this action does not entail a change to the reentry eligibility (RE) code. Case report reviewed and verified by: Mr. Ron Williams, Examiner X. Board Action Directed No Change Change Characterization to: Change Reason to: Secretarial Authority under Chapter 5, AR 635-200 Other: None RE Code: Grade Restoration: No Yes Grade: PFC/E3 XI. Certification Signature and Date Approval Authority: ROBERT L. HOUSE Colonel, U.S. Army President, Army Discharge Review Board Official: ESMERALDA G. PROCTOR DATE: 11 August 2006 Lieutenant Colonel, U.S. Army Chief, Secretary Recorder ARMY DISCHARGE REVIEW BOARD - CASE REPORT AND DIRECTIVE Case Number AR20060000947 Applicant Name: Mr. ______________________________________________________________________ Page 3 of 6 pages