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, with attachments. The applicant has stated in essence that his medical diagnosis was not properly treated by the physicians who treated him, or by the rehabilitation platoon which cared for him. He states that this situation led to his decision in going AWOL for proper treatment. The applicant submitted a four-page typewritten statement and fifteen (15) pages of medical 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: 040401 Discharge Received: Date: 040414 Chapter: 10 AR: 635-200 Reason: In Lieu of Trial by Court-Martial RE: SPD: KFS Unit/Location: Physical Training and Rehabilitation Platoon, 30th Adjutant General Battalion, Fort Benning, GA 31905 Time Lost: AWOL 50 days (040207-040327)/Surrendered to civilian authorities, Norwich, NY, and transferred to Ft Knox, KY 40121-5238. Article 15s (Charges/Dates/Punishment): None Court-Martials (Charges/Dates/Punishment): None Counseling Records Available: Yes No IV. Soldier’s Overall Record DOB: 780816 Current ENL Date: 030826 Current ENL Term: 3 Years ????? Current ENL Service: 0 Yrs, 5 Mos, 29 Days ????? Total Service: 0 Yrs, 5 Mos, 29 Days ????? Previous Discharges: None Highest Grade: E2 Performance Ratings Available: Yes No MOS: None GT: 112 EDU: HS Grad Overseas: None Combat: None Decorations/Awards: None V. Post-Discharge Activity Home of Record: Current Address: Post Service Accomplishments: None Submitted VI. Facts, Circumstances, and Legal Basis for Separation a. Facts and Circumstances: The evidence of record shows that on 1 April 2004, the applicant was charged with AWOL (040207-040328). On 1 April 2004, 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 and intermediate commanders recommended approval of an under other than honorable conditions discharge. On 6 April 2004, 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 independent evidence he submitted, the analyst recommends to the Board that the applicant’s characterization of service be upgraded to Uncharacterized and a change to the narrative reason to Secretarial Authority. This recommendation was made after full consideration of his faithful and honorable service, as well as his 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. While the applicant's misconduct is not condoned, the analyst determined that the medical circumstances surrounding the AWOL mitigated the discrediting entries in his service record. VII. Summary of Army Discharge Review Board Hearing Type of Hearing: Date: 13 December 2006 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 The Board carefully examined the applicant’s record of service during the period of enlistment under review. The Board does not condone the applicant’s misconduct; however, determined that the characterization of service granted is inequitable. The Board noted that the applicant was in entry-level status when he returned from a period of AWOL (i.e., he had completed less than 180 days of continuous active duty). The applicant was charged with AWOL and while still in an entry-level status voluntarily requested discharge under the provisions of Chapter 10, AR 635-200, in lieu of trial by court-martial. In essence the applicant’s separation action was initiated while the applicant was in an entry-level status and command had the option to characterize his service under other than honorable conditions or to describe his service as uncharacterized. Notwithstanding the propriety of the applicant’s discharge, after carefully examining the applicant’s record of service and considering the analyst’s recommendation and rationale, the Board concluded that the applicant’s service should now be described as uncharacterized. Accordingly, the Board voted to grant partial relief by changing the description of the applicant’s service to uncharacterized. The Board determined that the reason for discharge was both proper and equitable and voted not to change it. 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: E-2 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 AR20060002323 Applicant Name: Mr. ______________________________________________________________________ Page 5 of 5 pages