Applicant Name: ????? Application Receipt Date: 2009/08/25 Prior Review: Prior Review Date: NA I. Applicant Request: Upgrade Reason Change RE Code Change Issues: The applicant states, in essence, that he is still serving his country in Iraq as a DoD civilian and has received awards of appreciation. He would like to open his job opportunities. He believes he deserves an upgrade of his discharge. He also contends he has a disability he received while on active duty, and that was the original reason he was being pushed out of the Army. His chain of command did not like him being there with a permanent profile. II. Were Proper Discharge and Separation Authority procedures followed? Tender Offer: NA See Attachments: Legal Medical Minority Opinion Exhibits III. Discharge Under Review Unit CDR Recommended Discharge: Date: 050204 Discharge Received: Date: 030303 Chapter: 10 AR: 635-200 Reason: In Lieu of Trial by Court-Martial RE: SPD: KFS Unit/Location: L Troop, 3-3 ACR, Ft. Carson, CO Time Lost: None Article 15s (Charges/Dates/Punishment): 040830, Wrongful use of marijuana x 2 (040605-040705) and (040709-040808); reduction to E-1, forfeiture of $597 x 2 months, 45 days of restriction and extra duty (FG) 0041106, Wrongful use of marijuana (040827-040907), punishment not shown on DD Form 2627 (FG). Courts-Martial (Charges/Dates/Punishment): None Counseling Records Available: Yes No IV. Soldier’s Overall Record Age at current enlistment: 18 Current ENL Date: 030311 Current ENL Term: 3 Years ????? Current ENL Service: 1 Yrs, 11 Mos, 23Days ????? Total Service: 1 Yrs, 11 Mos, 23Days ????? Previous Discharges: NA Highest Grade: E-3 Performance Ratings Available: Yes No MOS: 63M10, Bradley Fighting Vehicle System Maintainer GT: NIF EDU: HS Grad Overseas: Iraq Combat: Iraq (041015 - 050329) Decorations/Awards: NDSM, GWOTEM, GWOTSM, ASR, OSR V. Post-Discharge Activity City, State: ????? Post Service Accomplishments: The applicant works as a WG civilian (heavy mobile equipment mechanic) in Iraq. VI. Facts, Circumstances, and Legal Basis for Separation a. Facts and Circumstances: The evidence of record shows that on 4 February 2005, the applicant was charged with wrongfully using marijuana (041206-050104). On 16 February 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 commander recommended approval of an under other than honorable conditions discharge. On 24 Februay 2005, the separation authority approved the discharge with a characterization of service of under other than honorable conditions. 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, under honorable conditions 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 he submitted, the analyst determined that the characterization of service is improper. The analyst noted that the government introduced into the discharge packet the results of a biochemical test that was part of the applicant’s Army Substance Abuse Program (ASAP) treatment plan. This is limited use information as defined in AR 600-85. Use of this information mandates award of a fully honorable characterization of service. Accordingly, the analyst recommends that the applicant’s characterization of service be upgraded to fully honorable. However, the analyst found that the reason for discharge was fully supported by the record and therefore, remains both proper and equitable. VII. Summary of Army Discharge Review Board Hearing Type of Hearing: Date: 16 July 2010 Location: Washington, D.C. Did the Applicant Testify? Yes No Counsel: NA Witnesses/Observers: NA Exhibits Submitted: DD Form 149 with attached statement, dated 10 August 2009; DD Form 214; DD Form 1614, dated 1 July 2008; Release From Assignment, dated 12 June 2009; Secretary of Defense Medal for the Global War on Terrorism, dated 24 May 2009; and DA Commander's Award for Civilian Service, dated 24 May 2009. VIII. 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 noted that the government introduced the results of a rehabilitation test into the discharge process. This is limited use information as defined in AR 600-85. Use of this information mandates award of a fully honorable discharge. Accordingly, the Board voted to change the characterization of service to fully honorable. However, the board found that the reason for discharge was fully supported by the record and voted not to change it. IX. Board Decision XI. Certification Signature Board Vote: Approval Authority: Character - Change 5 No change 0 Reason - Change 0 No change 5 (Board member names available upon request) EDGAR J. YANGER Colonel, U.S. Army X. Board Action Directed President, Army Discharge Review Board Issue a new DD Form 214 Change Characterization to: Change Reason to: NA Other: NA RE Code: Grade Restoration: No Yes Grade: NA Legend: AWOL Absent Without Leave GCM General Court Martial NA Not applicable SCM Summary Court Martial BCD Bad Conduct Discharge GD General Discharge NIF Not in the file SPCM Special Court Martial CG Company Grade Article 15 HD Honorable Discharge OAD Ordered to Active Duty UNC Uncharacterized Discharge DD Dishonorable Discharge HS High School Graduate OMPF Official Military Personnel File UOTH Under Other Than Honorable FG Field Grade Article 15 IADT Initial Active Duty Training RE Reentry Code Conditions ARMY DISCHARGE REVIEW BOARD - CASE REPORT AND DIRECTIVE Case Number AR20090014768 ______________________________________________________________________________ Page 1 of 3 pages