Application Receipt Date: 060407 Prior Review Prior Review Date: None I. Applicant Request Request: Upgrade Reason Change RE Code Change Issues: The applicant stated in essence that his discharge was based on one isolated incident and that he was the only soldier from his unit to be sent to Kuwait; that after his experience in Kuwait, and subsequent return to his unit, his command did not provide him counseling or treatment of any type. He also states that he has served in Iraq as a logistics specialist for a private firm. He has submitted several letters of reference from his present employer, and two additional letters of reference from people who know him. 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: 030728 Chapter: 10 AR: 635-200 Reason: In Lieu of Trial by Court-Martial RE: SPD: KFS Unit/Location: Headquarters and Headquarters Company, 125th Signal Battalion, 25th Infantry Division (Light), Schofield Barracks, Hawaii 96857 Time Lost: AWOL for 41 days from (030512-030619) and (030619-031623)/The applicant surrendered to military authorities at Schofield Barracks, HI 96857 Article 15s (Charges/Dates/Punishment): None Court-Martials (Charges/Dates/Punishment): None Counseling Records Available: Yes No IV. Soldier’s Overall Record DOB: 811113 Current ENL Date: 990811 Current ENL Term: 4 Years ????? Current ENL Service: 3 Yrs, 10 Mos, 8 Days ????? Total Service: 3 Yrs, 10 Mos, 8 Days ????? Previous Discharges: None Highest Grade: E-4 Performance Ratings Available: Yes No MOS: 71L10, Administrative Specialist GT: NIF EDU: NIF Overseas: Hawaii Combat: None Decorations/Awards: GCM, NDSM, ASR, OSR V. Post-Discharge Activity Home of Record: Current Address: Post Service Accomplishments: Two letters for reference of post-service employment. VI. Facts, Circumstances, and Legal Basis for Separation a. Facts and Circumstances: The evidence of record shows that on 30 June 2003, the applicant was charged with AWOL (030512-030619) and (030619-030623); willfull disobedience of a lawful command given by a superior commissioned officer, an order to stop and not leave, did willfully disobey the same on (030619); did on or about (030623), escape from the custody of a commissioned officer, a person authorized to apprehend him; did at or near the island of Oahu wrongfully use marijuana on or about (030121-030220). On 25 June 2003, 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 and intermediate commanders recommended approval of an under other than honorable conditions discharge. On 21 July 2003, 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 that the evidence was not sufficiently mitigating to warrant an upgrade of the discharge under review. The evidence of record shows the applicant was charged with the commission of an offense punishable under the Uniform Code of Military Justice (UCMJ) with a punitive discharge. The applicant consulted with defense counsel, and voluntarily in writing, requested separation from the Army in lieu of trial by court-martial. In doing so, the applicant admitted guilt to the stipulated or lesser-included offenses under the UCMJ. The analyst noted that all the requirements of law and regulation were met and the rights of the applicant were fully protected throughout the separation process. It is also noted that the characterization of service for this type of discharge is normally under other than honorable conditions and that the applicant was aware of that prior to requesting discharge. Therefore, the reason for discharge and the characterization of service remains both proper and equitable VII. Summary of Army Discharge Review Board Hearing Type of Hearing: Date: 7 February 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 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: None XI. Certification Signature and Date Approval Authority: ROBERT L. HOUSE Colonel, U.S. Army President, Army Discharge Review Board Official: MARY E. SHAW DATE: 9 February 2007 Lieutenant Colonel, U.S. Army Chief, Secretary Recorder ARMY DISCHARGE REVIEW BOARD - CASE REPORT AND DIRECTIVE Case Number AR20060005275 Applicant Name: Mr. ______________________________________________________________________ Page 5 of 5 pages