Application Receipt Date: 060623 Prior Review Prior Review Date: None I. Applicant Request Request: Upgrade Reason Change RE Code Change Issues: See DD Form 293 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: 980908 Discharge Received: Date: 981028 Chapter: 10 AR: 635-200 Reason: In Lieu of Trial by Court-Martial RE: SPD: KFS Unit/Location: C Battery, 1st Battalion, 15th Field Artillery, Tongduchon-Ni, Korea Time Lost: AWOL, for a total of 67 days from (980220-980427). He surrendered to the military authorities at Fort Stewart, GA, and was transferred to Fort Knox, KY 40121-5000 Article 15s (Charges/Dates/Punishment): None Court-Martials (Charges/Dates/Punishment): None Counseling Records Available: Yes No IV. Soldier’s Overall Record DOB: 700704 Current ENL Date: Reenl/970123 Current ENL Term: 2 Years ????? Current ENL Service: 1 Yrs, 6 Mos, 29 Days The applicant was placed on excess leave for a total of 176 days from (980506-981028) Total Service: 8 Yrs, 9 Mos, 23 Days ????? Previous Discharges: USAR-891030-900129/NA RA-900130-940129/HD USARCG-940130-940309/HD RA-940310-970122/HD Highest Grade: E4 Performance Ratings Available: Yes No MOS: 13B10 Cannon Crewmember GT: 103 EDU: HS Grad Overseas: Korea Combat: None Decorations/Awards: ARCOM, AAM, GCMDL, NDSM, SWASMw1bss, ASR, OSR 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 5 May 1998, the applicant was charged with AWOL, from (20 February 1998 to 27 April 1998). On 5 May 1998, 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 17 September 1998, 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, and the issue he submitted, the analyst found several mitigating factors that would merit an upgrade of the applicant's discharge to general, under honorable conditions. The analyst does not condone the applicant’s misconduct; however, determined that the characterization of service was too harsh, and as a result it is now inequitable. The analyst found that the overall length and quality of the applicant's service, to include his combat service, and the time that has elapsed since his discharge mitigated the discrediting entry in his service record. However, the analyst determined that the reason for discharge was both proper and equitable. This action entails a restoration of grade to SPC/E4. VII. Summary of Army Discharge Review Board Hearing Type of Hearing: Date: 30 May 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 now inequitable. Accordingly, the Board voted to grant 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. 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: SPC/E4 XI. Certification Signature and Date Approval Authority: MARK E. COLLINS Colonel, U.S. Army President, Army Discharge Review Board Official: MARY E. SHAW DATE: 8 June 2007 Lieutenant Colonel, U.S. Army Chief, Secretary Recorder ARMY DISCHARGE REVIEW BOARD - CASE REPORT AND DIRECTIVE Case Number AR20060008948 Applicant Name: Mr. ______________________________________________________________________ Page 4 of 6 pages