Application Receipt Date: 060413 Prior Review Prior Review Date: None I. Applicant Request Request: Upgrade Reason Change RE Code Change Issues: The applicant has requested a change in the characterization to Honorable with a change of reason to medical disability. He avers in essence that family, physical and mental health problems, and a related permanent profile are the justifications for Board review of his separation. 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: 010907 Discharge Received: Date: 020221 Chapter: 10 AR: 635-200 Reason: In Lieu of Trial by Court-Martial RE: SPD: KFS Unit/Location: Company B, 2nd Battalion 10th Special Forces Group (Airborne), Fort Carson, CO 80913 Time Lost: AWOL from HSC, 3rd Battalion, 10th Special Forces group, Fort Carson CO for 1155 days from (980630-010828). The applicant surrendered to Military Authorities on 29 August 2001 at Fort Jackson, South Carolina. Article 15s (Charges/Dates/Punishment): None Court-Martials (Charges/Dates/Punishment): Summary Court-Martial-980508-Art 112a, Reduction to SFC (E-7), forfeiture of $1575.00, Restriction to Ft Carson 30 days. Counseling Records Available: Yes No IV. Soldier’s Overall Record DOB: 480402 Current ENL Date: 921221 Current ENL Term: 6 Years ????? Current ENL Service: 5 Yrs, 6 Mos, 12 Days The applicant was placed on excess leave for a total of 167 days from (010908-020221) Total Service: 23 Yrs, 3 Mos, 0 Days ????? Previous Discharges: RA-781121-830825/HD RA-830826-870527/HD RA-870528-921220/HD RA-921221-020221/NA Highest Grade: E8 Performance Ratings Available: Yes No MOS: 18E1P, Special Forces Communications Sergeant GT: 120 EDU: HS Grad Overseas: Southeast Asia Combat: Saudi Arabia/Kuwait (910130-910317) Decorations/Awards: NCOPDR-3, ASR, AGCM-5th Award, NDSM, JSAM, SWASMBSS, JMUA, SAKULIBM, ARCOM, V. Post-Discharge Activity Home of Record: Current Address: Post Service Accomplishments: None VI. Facts, Circumstances, and Legal Basis for Separation a. Facts and Circumstances: The evidence of record shows that on 7 September 2001, the applicant was charged with AWOL (980630-010829). On 7 September 2001, 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 commander recommended approval of an under other than honorable conditions discharge. The separation authority approved the discharge with an under other than honorable conditions discharge (Date not legible). 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 independent evidence he submitted, the analyst recommends to the Board that the applicant’s characterization of service be upgraded 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. The evidence in this case supports a conclusion that the applicant’s characterization of service was too harsh, and as a result it is now inequitable. While the applicant's misconduct is not condoned, the applicant's length and quality of service, and combat experience mitigated the discrediting entry in his service record. However, the reason for discharge was both proper and equitable. VII. Summary of Army Discharge Review Board Hearing Type of Hearing: Date: 6 November 2006 Location: Washington, D.C. Did the Applicant Testify? Yes No Counsel: N/A Witnesses/Observers: None Exhibits Submitted: Medical Documents from VA (15 pages). 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, based on the overall length and quality of the applicant's service and his medical circumstances surrounding his discharge. Accordingly, the Board voted to grant relief in the form of an upgrade of the characterization of service to fully honorable. 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 'SFC/E-7.' 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: ????? RE Code: Grade Restoration: No Yes Grade: SFC/E-7 XI. Certification Signature and Date Approval Authority: ROBERT L. HOUSE Colonel, U.S. Army President, Army Discharge Review Board Official: ESMERALDA G. PROCTOR DATE: 13 November 2006 Colonel, U.S. Army Chief, Secretary Recorder ARMY DISCHARGE REVIEW BOARD - CASE REPORT AND DIRECTIVE Case Number AR20060005371 Applicant Name: Mr. ______________________________________________________________________ Page 6 of 6 pages