Application Receipt Date: 060322 Prior Review Prior Review Date: None I. Applicant Request Request: Upgrade Reason Change RE Code Change Issues: See DD Form 293 ans attached 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: NIF Discharge Received: Date: 050506 Chapter: 10 AR: 635-200 Reason: In Lieu Of Trial By Court-Martial RE: SPD: KFS Unit/Location: A Company 2nd Bn 35th Infantry Kandahar Airfield, Afghanistan APO AE 09355 Time Lost: AWOL-54 days (041206-050129) DD Form 258 (Charge Sheet) show that the applicant was apprehended on 10 January 2005. However, DD Forms 4187 reveal that he was carried AWOL until 30 January 2005, totaling 54 days, see 4187s. Article 15s (Charges/Dates/Punishment): None Court-Martials (Charges/Dates/Punishment): None Counseling Records Available: Yes No IV. Soldier’s Overall Record DOB: 731101 Current ENL Date: 031112 Current ENL Term: 3 Years ext 5 months (040323) Current ENL Service: 01 Yrs, 04 Mos, 00 Days ????? Total Service: 11 Yrs, 01 Mos, 24 Days ????? Previous Discharges: USMC-940118-980117/HD USMCR-980718-990916/NA USAR-990917-031112/HD Highest Grade: E4 Performance Ratings Available: Yes No MOS: 11B10 Infantryman GT: 117 EDU: HS Grad Overseas: Hawaii Combat: Afghanistan (040419-050331) Decorations/Awards: MCGCM, SSDR, CAR, MM (2), AGCM, NDSM (2), GWOTSM, OSB (2), CIB, 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 10 March 2005, the applicant was charged with AWOL from (041206-050110), however, DD Forms 4187 reveal that he was carried AWOL until 30 January 2005, totaling 54 days, see 4187s. On 11 March 2005, 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. Furthermore, 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. On 13 March 2005, the separation authority approved the discharge and directed issuance of 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 during the period of enlistment under review, the issue and documents he submitted, the analyst recommend that the applicant’s characterization of service be upgraded to fully honorable and a change to the narrative reason for separation 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 discharge is inequitable. While the applicant's misconduct is not condoned, the analyst found that the overall length and quality of the applicant's service to include his combat service; and the circumstances surrounding the discharge mitigated the discrediting entries in his service record. This action does not entail a change to the reentry eligibility (RE) code; however, the Board can consider it. However, this action entails a restoration of grade to SPC/E4. VII. Summary of Army Discharge Review Board Hearing Type of Hearing: Date: 070207 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. Accordingly, the Board voted to grant relief in the form of an upgrade of the characterization of service to fully honorable and a change to the narrative reason for separation to Secretarial Authority. This action entails a change to the reentry eligibility (RE) code to "3" and a restoration of grade to SPC/E4. Case report reviewed and verified by: Mr. Kenneth McFarley, Examiner X. Board Action Directed No Change Issue a new DD Form 214 Change Characterization to: Change Reason to: Secretarial Authority under provisions of Chapter 5, AR 635-200. Other: NA 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: 070209 Lieutenant Colonel, U.S. Army Chief, Secretary Recorder ARMY DISCHARGE REVIEW BOARD - CASE REPORT AND DIRECTIVE Case Number AR20060004389 Applicant Name: Mr. ______________________________________________________________________ Page 3 of 5 pages