Application Receipt Date: 060305 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 avers that the medical condition of his newborn daughter with regard to her vision led to his decision to go AWOL. He submitted eight documents supporting his statement. 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: 930604 Chapter: 10 AR: 635-200 Reason: For the Good of the Service, In Lieu of Trial by Court Martial RE: SPD: KFS Unit/Location: Battery B, 3rd Battalion, 319th Field Artillery Regiment, Fort Bragg, NC 28307 Time Lost: AWOL 144 days (920805-930329)/The applicant surrendered to military authorities at Fort Knox, Kentucky 40121 Article 15s (Charges/Dates/Punishment): None 900307-letter of repreman for being arrested for suspicion of driving while impaired (administrative). Court-Martials (Charges/Dates/Punishment): None Counseling Records Available: Yes No IV. Soldier’s Overall Record DOB: 690721 Current ENL Date: Reenl/910514 Current ENL Term: 3 Years ????? Current ENL Service: 2 Yrs, 0 Mos, 4 Days The applicant was placed on excess leave for a total of 64 days from (930402-930604). Total Service: 5 Yrs, 11Mos, 3 Days ????? Previous Discharges: RA-870701-910513/HD Highest Grade: E-5 Performance Ratings Available: Yes No MOS: 13B1P, Cannoneer GT: 117 EDU: HS Grad Overseas: Southwest Asia Combat: Kuwait (900821-910405) Decorations/Awards: SWASM w/2 BSS, AAM, GCML, NDSM, NCOPDR, ASR, KLM 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 applicant’s record is void of the specific facts and circumstances concerning the events that led to his discharge from the Army. However, the record does contain a properly constituted DD Form 214 (Certificate of Release or Discharge from Active Duty), which the applicant was unavailable for 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." Evidence of the record shows that on 20 May 1993, Orders 140-00224, DA, HQ, US Army Armor Center and Fort Knox, Fort Knox, Kentucky 40121, discharged the applicant from the regular Army, effective date: 4 June 1993. 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 available 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 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: 24 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 available 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 found that the overall length and quality of the applicant's service, to include his combat service, the time that has elapsed since his discharge, and the circumstances surrounding his discharge, mitigated the discrediting entries in his service record. Accordingly, the Board voted to grant full 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 '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: 26 January 2007 Lieutenant Colonel, U.S. Army Chief, Secretary Recorder ARMY DISCHARGE REVIEW BOARD - CASE REPORT AND DIRECTIVE Case Number AR20060003760 Applicant Name: Mr. ______________________________________________________________________ Page 2 of 5 pages