Applicant Name: ????? Application Receipt Date: 070711 Prior Review Prior Review Date: None I. Applicant Request Request: Upgrade Reason Change RE Code Change Issues: My performance in the Army was unparalleled. During my entire service I never receieved a negative counseling or a letter of reprimand. All of my former Commanders, 1st Sergeants and sub-ordinates alike spoke highly of me in every regard. I was one of the youngest soldiers to achieve the rank of sergeant in the entire battalion. I was rated of peers on all of my NCOERS. I chose the discharge I received in order to prevent the prolonging of the situation based in my DD214 under character of discharge. My jag representation was quite confident in my case and at any point wasnt even sure as to why I was before him with the very limited to know evidence prosecution had. Two of my former soldiers were in the wrong and admitted to being so and that I had no involvement in such activity My commander refused to prefer charges against me and my battalion commander being a former morals and ethics instructor wasnt so sure being new and unaware of my previous actions or performances preferred charges on me. The unit was scheduled to deploy and the case was prolonged enlight of this I did two tours in Iraq and did not want to serve under a battalion Commander who would immediately prefer charges based on his own opinions rather than facts. I had a remarkable reputation prior to my discharge recieved several letters of recommendations to include all of my previous commanders and 1st sergeants alike I did not want to prolong the situation and have my reputation at that point ruined I chose to go out while I had the respect of my peers... 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: 061221 Chapter: 10 AR: 635-200 Reason: In Lieu of Trial By Court-Martial RE: SPD: KFS Unit/Location: D Co, 1st Bn, 508th PIR, 4th BCT, 82nd Airborne Div, Fort Bragg, NC Time Lost: None Article 15s (Charges/Dates/Punishment): None Court-Martials (Charges/Dates/Punishment): None Counseling Records Available: Yes No IV. Soldier’s Overall Record Year/Month: 85/05 HOR City, State: Stockdale, PA Current ENL Date: 051227 Current ENL Term: 4 Years ????? Current ENL Service: 01 Yrs, 00 Mos, 06 Days ????? Total Service: 03 Yrs, 06 Mos, 09 Days ????? Previous Discharges: RA 030613-051226/HD Highest Grade: E-5 Performance Ratings Available: Yes No MOS: 92Y Unit Supply Specialist GT: NIF EDU: HS Grad Overseas: SWA Combat: Iraq (040105-040416 & 050901-060106) Decorations/Awards: ARCOM (3), AAM (4), NDSM, GWOTEM, GWOTSM, Iraq Campaign Medal, ASR, CAB V. Post-Discharge Activity Post Service Accomplishments: None listed. VI. Facts, Circumstances, and Legal Basis for Separation a. Facts and Circumstances: ??The evidence of record shows that on 3 October 2006, the Applicant was charged with conspiracy to commit larceny and larceny (25 June 2006). On 28 November 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 and intermediate commanders recommended approval of an under other than honorable conditions discharge. On 30 November 2006, the separation authority approved the discharge with a characterization of service of under other than honorable conditions. 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 available military records during the period of enlistment under review, the issues and documents he submitted, the analyst recommends that the Applicant’s characterization of service be upgraded to general, under honorable conditions. This recommendation was made after full consideration of his faithful and honorable service, as well as his record of misconduct. The evidence in this case supports a conclusion that the Applicant’s characterization of service was too harsh, and as a result it is inequitable. While the Applicant's misconduct is not condoned, the analyst noted that the overall length and quality of the Applicant's service, to include his combat service, mitigated the discrediting entries in his service record. Accordingly, the analyst recommends to the Board that the Applicant’s characterization of service be upgraded to general, under honorable conditions. However, the reason for discharge remains both proper and equitable. This action entails a restoration of grade to SGT/E-5. VII. Summary of Army Discharge Review Board Hearing Type of Hearing: Date: 11 July 2008 Location: Washington, D.C. 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 2 No change 3 - 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 discharge was both proper and equitable and voted to deny relief. 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: NA XI. Certification Signature and Date Approval Authority: MARK E. COLLINS Colonel, U.S. Army President, Army Discharge Review Board Official: CHRISTINE U. MARTINSON DATE: 11 July 2008 Lieutenant Colonel, U.S. Army Chief, Secretary Recorder ARMY DISCHARGE REVIEW BOARD - CASE REPORT AND DIRECTIVE Case Number AR20070009644 ______________________________________________________________________ Page 1 of 4 pages