Application Receipt Date: 070206 Prior Review Prior Review Date: None I. Applicant Request Request: Upgrade Reason Change RE Code Change Issues: See DD Form 293 and attached documents. 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: NIF Discharge Received: Date: 050608 Chapter: 10 AR: 635-200 Reason: In Lieu Of Trial By Court-Martial RE: SPD: KFS Unit/Location: B Company 2nd Bn 7th Inf Fort Stewart, GA 31314 Time Lost: AWOL-428 days from (040202-050404), apprehended by civil authorities in St. Peters, MO on (050327) and transferred to Fort Stewart, GA. Article 15s (Charges/Dates/Punishment): The applicant states on his DD Form 293 that he received an article 15 for AWOL, however, document-NIF. Court-Martials (Charges/Dates/Punishment): None Counseling Records Available: Yes No IV. Soldier’s Overall Record DOB: Current ENL Date: 030528 Current ENL Term: 3 Years ????? Current ENL Service: 00 Yrs, 10 Mos, 08Days ????? Total Service: 02 Yrs, 00 Mos, 08 Days ????? Previous Discharges: Total service on DD Form 214, is incorrect, should read 02 yrs, 00 mos, 08 days. Highest Grade: E2 Performance Ratings Available: Yes No MOS: 11B10 Infantryman GT: 93 EDU: GED Overseas: None Combat: None Decorations/Awards: NDSM, ASR, : The applicant list an AAM on his DD Form 293, however, the Official Military Personnel File does not validate this award. V. Post-Discharge Activity Home of Record: Current Address: Post Service Accomplishments: The applicant states he is married and has a son. VI. Facts, Circumstances, and Legal Basis for Separation a. Facts and Circumstances: The evidence of record shows that on 10 May 2005, the applicant was charged with AWOL (040202-050404). On 17 May 2005, 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 and intermediate commanders recommended approval of an under other than honorable conditions discharge. On 23 May 2005, the separation authority approved the discharge and directed issuance of 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 careful review of all the applicant's military records during the period of enlistment under review, the issues and documents he submitted,the analyst recommend that the applicant's request for an upgrade of his characterization of service be denied. 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 offense under 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 this prior to requesting discharge. The analyst determined that the reason for discharge and the characterization of service remains both proper and equitable. VII. Summary of Army Discharge Review Board Hearing Type of Hearing: Date: 16 April 2007 Location: Chicago, IL Did the Applicant Testify? Yes No Counsel: No Witnesses/Observers: No Exhibits Submitted: The applicant submitted two additional documents in support of his personal appearance hearing. 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 testimony, and considering the analyst’s recommendation and rationale, the Board determined that the discharge was both proper and equitable and voted not to change it. Case report reviewed and verified by: Mr. Kenneth McFarley, Examiner X. Board Action Directed No Change Issue a new DD Form 214 Change Characterization to: Change Reason to: None Other: NA RE Code: Grade Restoration: No Yes Grade: None 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 May 2007 Lieutenant Colonel, U.S. Army Chief, Secretary Recorder ARMY DISCHARGE REVIEW BOARD - CASE REPORT AND DIRECTIVE Case Number AR20070001876 Applicant Name: Mr. ______________________________________________________________________ Page 5 of 5 pages