Application Receipt Date: 060608 Prior Review Prior Review Date: None I. Applicant Request Request: Upgrade Reason Change RE Code Change Issues: See DD Form 293 with attachments 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: 060424 Discharge Received: Date: 060512 Chapter: 10 AR: 635-200 Reason: In Lieu of Trial by Court-Martial RE: SPD: KFS Unit/Location: Company B, 601st CS Battalion, Ketterbach, Germany Time Lost: AWOL, for a total of 39 days from (060221-060329). He surrendered to the military authorities at Fort Knox, KY 40121-5122 Article 15s (Charges/Dates/Punishment): None Court-Martials (Charges/Dates/Punishment): None Counseling Records Available: Yes No IV. Soldier’s Overall Record DOB: 740713 Current ENL Date: Reenl/050907 Current ENL Term: 6 Years ????? Current ENL Service: 0 Yrs, 6 Mos, 27 Days The applicant was placed on excess leave for a total of 39 days, from (060404-060512) Total Service: 7 Yrs, 10 Mos, 27 Days ????? Previous Discharges: ARNG-980507-980902/NA IADT-980903-990302/HD ARNG-990303-991025/HD RA-991026-030311/HD RA-030312-050906/HD Highest Grade: E5 Performance Ratings Available: Yes No MOS: 44B10 Metal Worker GT: NIF EDU: HS Grad Overseas: Korea, Germany, Southwest Asia Combat: Kuwait/Iraq (040614-050325) Decorations/Awards: AAM, GCMDL, NDSM, GWOTEM, GWOTSM, KDSM, ASR, OSR V. Post-Discharge Activity Home of Record: Current Address: Post Service Accomplishments: See DD Form 293 with attachments VI. Facts, Circumstances, and Legal Basis for Separation a. Facts and Circumstances: The evidence of record shows that on 3 April 2006, the applicant was charged with AWOL, from (21 February 2006 to 30 March 2006). On 3 April 2006, 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 recommended approval of an under other than honorable conditions discharge. On 28 April 2006, 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 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 for the period of enlistment under review, the issues and documents he submitted, the analyst found several mitigating factors that would merit an upgrade of the applicant's characterization of service to fully honorable and a change to the narrative reason for separation to Secretarial Authority. The analyst does not condone the applicant’s misconduct; however, determined that the discharge was inequitable. 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 entry in his service record. This action entails a restoration of grade to SGT/E5. Additionally, this action does not entail a change to the reentry eligibility (RE) code; however, the Board can consider it. VII. Summary of Army Discharge Review Board Hearing Type of Hearing: Date: 7 February 2007 Location: Washington, DC 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 characterization of service was too harsh, and as a result, it is inequitable. While the Board does not condone the applicant's misconduct, it determined 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 entry in the service record. Accordingly, the Board voted to grant relief in the form of an upgrade of the characterization of service to fully honorable. However, 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/E5. This action does not entail a change to the reentry eligibility (RE) code. Case report reviewed and verified by: Mr. Ron Williams, 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/E5 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 AR20060008173 Applicant Name: Mr. ______________________________________________________________________ Page 6 of 6 pages