Application Receipt Date: 060210 Prior Review Prior Review Date: None I. Applicant Request Request: Upgrade Reason Change RE Code Change Issues: See DD Form 293 with attachment 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: 980309 Discharge Received: Date: 980508 Chapter: 10 AR: 635-200 Reason: In Lieu of Trial by Court-Martial RE: SPD: KFS Unit/Location: 84th Engineer Battalion, HQ Support Company, 45th Corps Support Group (Forward), 25th Infantry Division (Light), Fort Shafter, HI 96858-5000 Time Lost: None Article 15s (Charges/Dates/Punishment): The actual Article 15, for frauding the Government out of money, is not part of the available record and the information was taken off of the applicant's statement, she submited with her DD Form 293, however, the DA Form 4187 shows that the applicant was reduced from SGT/E5 TO SPC/E4, effective date (970321) Court-Martials (Charges/Dates/Punishment): None Counseling Records Available: Yes No IV. Soldier’s Overall Record DOB: 681123 Current ENL Date: Reenl/970124 Current ENL Term: 3 Years ????? Current ENL Service: 1 Yrs, 3 Mos, 15 Days ????? Total Service: 10 Yrs, 3 Mos, 0 Days ????? Previous Discharges: RA-880209-911230/HD RA-911231-940112/HD RA-940113-970123/HD Highest Grade: E5 Performance Ratings Available: Yes No MOS: 81L10 Photolithographer (Printer) GT: 107 EDU: HS Grad Overseas: Hawaii (940725-980508) Combat: None Decorations/Awards: GCMDL (3), NDSM, 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 on 17 February 1998, the applicant was charged with failing to go to her appointed place of duty x 3, (971117), (971113), (971111), without authority, go from her appointed place of duty (971107) and failed to obey a lawful general regulation by wrongfully leaving a child under 10 years of age unattended in family quarters (971123). On 20 February 1998, 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 she understood that she 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 submitted a statement in her own behalf. The unit commander and intermediate commanders recommended approval of an under other than honorable conditions discharge. On 2 April 1998, 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 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 she submitted, the analyst found several mitigating factors that would merit partial relief in the form of an upgrade of the characterization of service to general, under honorable conditions. This recommendation was made after full consideration of her faithful and honorable service, as well as her record of misconduct. The evidence in this case supports a conclusion that the applicant’s 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, and the circumstances surrounding the discharge mitigated the discrediting entries in her service record. However, the reason for discharge was both proper and equitable. This action entails a restoration of grade to SPC/E4. VII. Summary of Army Discharge Review Board Hearing Type of Hearing: Date: 13 December 2006 Location: Washington, DC 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. 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 reason for discharge was both proper and equitable and voted not to change it. This action entails a restoration of grade to SPC/E4. Case report reviewed and verified by: Mr. Ron Williams, 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: SPC/E4 XI. Certification Signature and Date Approval Authority: ROBERT L. HOUSE Colonel, U.S. Army President, Army Discharge Review Board Official: MARY E. SHAW DATE: 15 December 2006 Lieutenant Colonel, U.S. Army Chief, Secretary Recorder ARMY DISCHARGE REVIEW BOARD - CASE REPORT AND DIRECTIVE Case Number AR20060002223 Applicant Name: Ms. ______________________________________________________________________ Page 6 of 6 pages