Application Receipt Date: 060713 Prior Review Prior Review Date: None I. Applicant Request Request: Upgrade Reason Change RE Code Change Issues: See DD Form 293. The applicant stated that he wishes to reenlist in the Army for a career. 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: 011214 Discharge Received: Date: 020321 Chapter: 10 AR: 635-200 Reason: In Lieu of Trial by Court-Martial RE: SPD: KFS Unit/Location: Company B, 30th Adjutant General Battalion (Reception), Fort Benning, GA 31905 Time Lost: AWOL 73 days (010927-011209). He surrendered to the military authorities at Fort Knox, Kentucky 40171 Article 15s (Charges/Dates/Punishment): None Court-Martials (Charges/Dates/Punishment): None Counseling Records Available: Yes No IV. Soldier’s Overall Record DOB: 790622 Current ENL Date: 010801 Current ENL Term: 3 Years ????? Current ENL Service: 0 Yrs, 5 Mos, 8 Days The applicant was placed on excess leave for a total of 97 days, from (011215-020321). Total Service: 0 Yrs, 5 Mos, 8 Days ????? Previous Discharges: None Highest Grade: E1 Performance Ratings Available: Yes No MOS: None GT: 96 EDU: HS Grad Overseas: None Combat: None Decorations/Awards: None V. Post-Discharge Activity Home of Record: Current Address: Post Service Accomplishments: See DD Form 293. VI. Facts, Circumstances, and Legal Basis for Separation a. Facts and Circumstances: The evidence of record shows that on 14 December 2001, the applicant was charged with AWOL (010927-021209). On 14 December 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 recommended approval of an under other than honorable conditions discharge. On 22 February 2002, 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 independent evidence he submitted, the analyst recommends to the Board that the applicant’s request for an upgrade of his characterization of service be denied. The applicant’s contention is noted; however, said contention is 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. 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. The reason for discharge and the characterization of service were both proper and equitable. VII. Summary of Army Discharge Review Board Hearing Type of Hearing: Date: 8 January 2007 Location: Washington, D.C. Did the Applicant Testify? Yes No Counsel: N/A Witnesses/Observers: None Exhibits Submitted: Three letters of reference from personal and professional associates. 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, hearing his/her testimony, 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. The Board found that the circumstances surrounding the AWOL, and his post service accomplishments mitigated the discrediting entry in his service record. Accordingly, the Board voted to grant full relief in the form of an upgrade in the characterization of service to uncharacterized. The Board determined that the reason for discharge was both proper and equitable and voted not to change it. This action entails a change to the reentry eligibility (RE) code to “3.” 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: 11 January 2007 Lieutenant Colonel, U.S. Army Chief, Secretary Recorder ARMY DISCHARGE REVIEW BOARD - CASE REPORT AND DIRECTIVE Case Number AR20060009815 Applicant Name: Mr. ______________________________________________________________________ Page 5 of 5 pages