Application Receipt Date: 061016 Prior Review Prior Review Date: None I. Applicant Request Request: Upgrade Reason Change RE Code Change Issues: Applicant has been denied a waiver of her RE-3 by HQDA, U.S. Army Human Resources Command thus preventing her from enrolling in a ROTC program. She is requesting an upgrade in order to be accepted into the ROTC program. See DD Form 293 and documents submitted by the Applicant 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: NA Discharge Received: Date: 000817 Chapter: 10 AR: 635-200 Reason: In Lieu of Trial by Court-Martial RE: SPD: KFS Unit/Location: HHC, 1/507th PIR(ABN), Fort Benning, GA Time Lost: AWOL, 68 days (990302-990508), surrendered to military authorities. Article 15s (Charges/Dates/Punishment): None Court-Martials (Charges/Dates/Punishment): None Counseling Records Available: Yes No IV. Soldier's Overall Record DOB: 800819 Current ENL Date: 980902 Current ENL Term: 3 Years Current ENL Service: 1 Yrs, 09Mos, 08Days 452 days Excess leave (990524-000817) Total Service: 1 Yrs, 09Mos, 08Days Previous Discharges: None Highest Grade: E2 Performance Ratings Available: Yes No MOS: None GT: 105 EDU: HS Grad Overseas: NA Combat: NA Decorations/Awards: None V. Post-Discharge Activity Home of Record: Post Service Accomplishments: Applicant states that she graduated from both the Pharmacy and Surgical technician programs with honors, is enrolled in College with a 3.72 GPA. She states she participates in community and university volunteer work. She is seeking to gain entry into ROTC and earn a commission into the U.S. Army and has been married to an infantry soldier for the past 6 years. She has several letters of recommendation. VI. Facts, Circumstances, and Legal Basis for Separation a. Facts and Circumstances: The evidence of record shows that on 13 May 1999 the applicant was charged with AWOL (990302-990508). On 13 May 1999, 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 she understood that she 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 her own behalf. The unit commander recommended approval of an under other than honorable conditions discharge. On 5 May 2000, the separation authority approved the discharge with a characterization of service of under other than honorable conditions. The applicant was 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 issues she submitted, the analyst found several mitigating factors that would merit a partial upgrade of the applicant's characterization of service to general, under honorable conditions. The analyst does not condone the applicant's misconduct; however, the evidence in this case supports a conclusion that the characterization of service was too harsh, and as a result it is now inequitable. The analyst found that circumstances surrounding the discharge, her post service accomplishments to include her support to the Army as military wife during time of war and the extraordinary effort and commitment she has demonstrated in order to serve her country mitigates the discrediting entries in her service record. Accordingly, the analyst recommends that the applicant's characterization of service be upgraded to general, under honorable conditions. The analyst determined that the reason for discharge was fully supported by the record however recommends that the board consider changing the reason to Secretarial Authority in order to allow her to serve her country. VII. Summary of Army Discharge Review Board Hearing Type of Hearing: Date: 13 December 2007 Location: Washington, DC Did the Applicant Testify? Yes No Counsel: NA Witnesses/Observers: NA Exhibits Submitted: NA 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 5 No change 0 - Character Change 0 No change 5 - 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 is now too harsh based on the applicant's post servcie accomplishments and as a result it is 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 proper and equitable and voted not to change it. Case report reviewed and verified by: Chuck Busick, Examiner X. Board Action Directed No Change Issue a new DD Form 214 Change Characterization to: Change Reason to: NA Other: NA RE Code: Grade Restoration: No Yes Grade: XI. Certification Signature and Date Approval Authority: MARK E. COLLINS Colonel, U.S. Army President, Army Discharge Review Board Official: CHRISTINE U. MARTINSON DATE: 17 December 2007 Lieutenant Colonel, U.S. Army Chief, Secretary Recorder ARMY DISCHARGE REVIEW BOARD - CASE REPORT AND DIRECTIVE Case Number AR20060014793 Applicant Name: ______________________________________________________________________ Page 1 of 5 pages