Application Receipt Date: 060209 Prior Review Prior Review Date: None I. Applicant Request Request: Upgrade Reason Change RE Code Change Issues: See DD Form 293. The applicant submitted 35 pages of military documents and certificates of training and education, pertaining to his honorable periods of service. The applicant also submitted two certificates indicating the AAM, which were not indicated on his DD-214. 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: 950828 Discharge Received: Date: 950922 Chapter: 10 AR: 635-200 Reason: In Lieu of Trial by Court-Martial RE: SPD: KFS Unit/Location: Company C, 3rd Battalion, 41st Infantry Regiment, 2nd Armored Division, Fort Hood, Texas 76544-5100 Time Lost: 463 days (940404-950710)/Surrendered to military authorities at Fort Sill, OK 73503 Article 15s (Charges/Dates/Punishment): None Court-Martials (Charges/Dates/Punishment): None Counseling Records Available: Yes No IV. Soldier’s Overall Record DOB: 640807 Current ENL Date: 940216 Current ENL Term: 3 Years The applicant was on excess leave for 71 days (950713-950921) Current ENL Service: 1 Yrs, 7 Mos, 7 Days ????? Total Service: 9 Yrs, 9 Mos, 27 Days ????? Previous Discharges: ARNG-850826-850923/NA OADT-850924-851220/HD ARNG-851221-870416/HD RA-870723-900919/HD RA-900920-940215/HD Highest Grade: E5 Performance Ratings Available: Yes No MOS: 11B10, Infantryman GT: 98 EDU: 14 Years Overseas: None Combat: Panama/Kuwait Decorations/Awards: ARCOM, AAM (2), NDSM, NCOPDR, ASR, GCML, OSR w/ Num 1 V. Post-Discharge Activity Home of Record: Current Address: Post Service Accomplishments: None were submitted. VI. Facts, Circumstances, and Legal Basis for Separation a. Facts and Circumstances: The evidence of record shows that on 10 July 1995, the applicant was charged with AWOL (960429-961114). On 13 July 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 not submit a statement in his own behalf. The unit commander recommended approval of an under other than honorable conditions discharge. On 30 August 1995, 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 at any time after the charges are preferred, submit a request for discharge for the good of the service in lieu of trial by court martial. 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 several mitigating factors 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 now inequitable. The analyst found that the overall length and quality of the applicant's service and the time that has elasped since his discharge, mitigated the discrediting entries in his service record. However, the reason for discharge remains both proper and equitable. VII. Summary of Army Discharge Review Board Hearing Type of Hearing: Date: 10 January 2007 Location: Washington, D.C. Did the Applicant Testify? Yes No Counsel: N/A Witnesses/Observers: N/A Exhibits Submitted: N/A 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 characterization of service was too harsh and as a result it is inequitable. The Board determined that the overall length and quality of the applicant's service to include his combat service, and the time that has elapsed since the applicant's discharge, mitigated the discrediting entry in his service record. Accordingly, the Board voted to grant partial relief in the form of an upgrade of the characterization of service to general under honorable conditions. The Board determined that the narrative reason for discharge was both proper and equitable and voted not to change it. This action entails restoration of the applicant's rank/grade to SGT/E-5. Case report reviewed and verified by: Mr. John Zangas, Examiner X. Board Action Directed No Change Issue a new DD Form 214 Change Characterization to: Change Reason to: None Other: None RE Code: Grade Restoration: No Yes Grade: SGT/E-5 XI. Certification Signature and Date Approval Authority: ROBERT L. HOUSE Colonel, U.S. Army President, Army Discharge Review Board Official: MARY E. SHAW DATE: 12 January 2007 Lieutenant Colonel, U.S. Army Chief, Secretary Recorder ARMY DISCHARGE REVIEW BOARD - CASE REPORT AND DIRECTIVE Case Number AR20060002105 Applicant Name: Mr. ______________________________________________________________________ Page 4 of 5 pages