Application Receipt Date: 060202 Prior Review Prior Review Date: None I. Applicant Request Request: Upgrade Reason Change RE Code Change Issues: See applicant's attached DD Form 293. 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: 950612 Discharge Received: Date: 950822 Chapter: 10 AR: 635-200 Reason: In Lieu of Trail by Court-Martial RE: SPD: KFS Unit/Location: B Company, 1st Battalion, 17th Infantry, Fort Wainwright, AK 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: 670523 Current ENL Date: 940718 Current ENL Term: 5 Years ????? Current ENL Service: 01 Yrs, 01Mos, 05Days ????? Total Service: 08 Yrs, 09Mos, 04Days ????? Previous Discharges: RA-861119-890626/HD RA-890627-940717/HD Highest Grade: E5 Performance Ratings Available: Yes No MOS: 11B10 (Infantryman) GT: 98 EDU: HS Grad Overseas: Southwest Asia, Alaska Combat: Southwest Asia (900915-910409) Decorations/Awards: ARCOM, AGCM (2nd Award), NDSM, SWASM (w/2 bronze service stars), NCOPDR, ASR, KLM, CIB, Air Assault 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 the applicant was charged with larceny (received allowances to which he was not entitled for approximately six months after the dissolution of his marriage). On 31 May 1995, 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 submit a statement in his own behalf. The unit commander recommended approval of an under other than honorable conditions discharge. On 16 August 1995, the separation authority approved the discharge with an under other than honorable conditions discharge. It was also directed that the applicant be reduced to 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 military records, and the independent evidence he submitted, the analyst recommends to the Board that the discharge be upgrade to Honorable. 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 applicant’s characterization of service was too harsh, and as a result it is now inequitable. The analyst found that the overall length and quality of the applicant's service, the circumstances surrounding the discharge, and the time that has elasped since his discharge mitigated the discrediting entry in the service record. However, the reason for discharge was both proper and equitable. VII. Summary of Army Discharge Review Board Hearing Type of Hearing: Date: 061213 Location: Washington, DC Did the Applicant Testify? Yes No Counsel: NA Witnesses/Observers: NA Exhibits Submitted: NA 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 and considering the analyst’s recommendation and rationale, the Board determined that the discharge was inequitable. While the applicant's misconduct is not condoned, the Board found that the applicant's overall length and quality of service to include combat service, the circumstances surrounding the discharge, and the time that has elasped since his discharge mitigated the discrediting entry 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 grade restoration 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: Secretarial Authority under Chapter 5, AR 635-200. Other: NA RE Code: Grade Restoration: No Yes Grade: E5 XI. Certification Signature and Date Approval Authority: ROBERT L. HOUSE Colonel, U.S. Army President, Army Discharge Review Board Official: MARY E. SHAW DATE: 061215 Lieutenant Colonel, U.S. Army Chief, Secretary Recorder ARMY DISCHARGE REVIEW BOARD - CASE REPORT AND DIRECTIVE Case Number AR20060001821 Applicant Name: Mr. ______________________________________________________________________ Page 5 of 5 pages