Application Receipt Date: 060526 Prior Review Prior Review Date: None I. Applicant Request Request: Upgrade Reason Change RE Code Change Issues: See DD Form 293, with attachments. The applicant stated in essence that his deployment to Iraq and subsequent combat injuries resulted in extensive treatment and disability, for which he was returned to CONUS for extended treatment. He further stated that once he returned to the rear detachment of his unit, he was depressed about his physical injuries and used a controlled substance. He expresses remorse for his actions and wishes to receive an upgrade so that he can receive the treatment he needs for his injuries. 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: 051128 Discharge Received: Date: 060104 Chapter: 10 AR: 635-200 Reason: In Lieu of Trial by Court-Martial RE: SPD: KFS Unit/Location: Rear Detachment, 92d Engineers Battalion, fort Stewart, GA 31314 Time Lost: None Article 15s (Charges/Dates/Punishment): 050126-wrongfully used marijuana, amphetamine, methamphetamine and d-methamphetamine on or between (041010-041111)/Field Grade. 2nd Article 15: 050313-wrongfully used marijuana, amphetamine, methamphetamine and d-methamphetamine on or between (041226-050127)/Field Grade. Supplementary Artilce 15 action: The vacation of the suspended reduction to Pvt/E-1 was remitted on (050126). Court-Martials (Charges/Dates/Punishment): None Counseling Records Available: Yes No IV. Soldier’s Overall Record DOB: 820412 Current ENL Date: 021119 Current ENL Term: 4 Years ????? Current ENL Service: 3 Yrs, 1 Mos, 16 Days ????? Total Service: 3 Yrs, 1 Mos, 16 Days ????? Previous Discharges: None Highest Grade: E-3 Performance Ratings Available: Yes No MOS: 21E10, Heavy Construction Equipment Opr GT: 97 EDU: HS Grad Overseas: Southwest Asia Combat: Kuwait/Iraq (050130-050601) Decorations/Awards: Purple Heart, ARCOM, AAM, NDSM, KDSM, ASR, CAB, GWOTSM V. Post-Discharge Activity Home of Record: Current Address: Post Service Accomplishments: Letter of personal reference, police report, job history description. VI. Facts, Circumstances, and Legal Basis for Separation a. Facts and Circumstances: The evidence of record shows that on 28 November 2005, the applicant was charged with wrongfully using methamphetamine between (050922-050926). On 15 December 1995, 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 19 December 2005, 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. CID Report of Investigation, dated 7 November 2005. CID Report of Investigation, dated 5 January 2005. 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 issue he submitted, the analyst found several mitigating factors that would merit an upgrade of the characterization of service to fully Honorable and a change of the narrative reason to Secretarial Authority. This recommendation was made after full consideration of his faithful and honorable service, as well as his record of misconduct. While the applicant's misconduct is not condoned, the evidence in this case supports a conclusion that the discharge is inequitable. The analyst found that the overall length and quality of the applicant's service, to include his combat service, and the medical circumstances surrounding his discharge, mitigated the discrediting entries in his service record. Moreover, the applicant received the Purple Heart as a result of wounds he suffered in combat while serving in Operation Iraqi Freedom. This action does not entail a change to the reentry eligibility (RE) code; however, the Board can consider it. VII. Summary of Army Discharge Review Board Hearing Type of Hearing: Date: 5 February 2007 Location: Washington, D.C. 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, hearing his testimony, and considering the analyst’s recommendation and rationale, the Board determined that the characterization was too harsh and as a result it is inequitable. The Board found 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 Board voted to grant partial relief in the form of an upgrade of the characterization of service to general, under honorable conditions. 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: ????? XI. Certification Signature and Date Approval Authority: ROBERT L. HOUSE Colonel, U.S. Army President, Army Discharge Review Board Official: MARY E. SHAW DATE: 9 February 2007 Lieutenant Colonel, U.S. Army Chief, Secretary Recorder ARMY DISCHARGE REVIEW BOARD - CASE REPORT AND DIRECTIVE Case Number AR20060007488 Applicant Name: Mr. ______________________________________________________________________ Page 6 of 6 pages