Application Receipt Date: 2006/10/26	

Prior Review    Prior Review Date: None

I.  Applicant Request
Request:  Upgrade     Reason Change     RE Code Change    

Issues: The Applicant states that his discharge was based on a isolated incident that clearly happened as result of increased pressures caused by 911, he admits to no excuse.  He feels that after serving his country since he was 17 years old he deserves an honorable discharge for his 22 total years of service.  He states that he opted for the Chapter 10 because he did not want to risk going to jail and that his discharge was for marijuana and not for cocaine or meth.  He states that his life is now ruined because of his under other than honorable conditions discharge for his one time mistake.

II.  Were Proper Discharge and Separation Authority procedures followed?  
Yes    No        Tender Offer:   NA

See Attachments:  Legal     Medical     Minority Opinion     Exhibits 

III.  Original Character of Discharge
Unit CDR Recommended Discharge:    Date: NIF
Discharge Received:     Date: 020531   
Chapter: 10    AR: 635-200
Reason: In Lieu of Court Martial
RE:     SPD: KFS
Unit/Location: C/125th Forward Support Batallion, Fort Riley, KS 66442 

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
DOB:  
Current ENL Date: 990516    Current ENL Term: NIF Years       
Current ENL Service: 03 Yrs, 00Mos, 16Days      
Total Service:  14 Yrs, 03Mos, 06Days      
Previous Discharges: RA 880225-911107/HD, RA 911108-941102/HD, RA 941103-970611/HD, RA 970612-990515/HD
Highest Grade: E-6
Performance Ratings Available: Yes    No 
MOS: 63B10/Light Vehicle Mechanic   GT: 120   EDU: 2 years of college   Overseas: Korea, Germany, Kuwait   Combat: SWA (dates unknown)
Decorations/Awards: ARCOM-2, AAM-6, ASUA, GCM-4, ARCAM, NDSM, SWA-3BSS
V.  Post-Discharge Activity
Home of Record: 
Current Address: 
Post Service Accomplishments: None listed

VI.  Facts, Circumstances, and Legal Basis for Separation

      a.  Facts and Circumstances:
      The applicant's charge sheet (DD Form 458) is not part of the available record, and the analyst presumed Government regularity in the discharge process.  However, the evidence of record shows that on 7 May 2002, 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.  On 7 May 2002, the applicant's trial Counsel, Captain/JA,  indicated in a memorandum that he briefed the applicant's chain of command on the facts and circumstances of the pending court-martial, and they all recommended that the applicant's request for discharge in lieu of court-martial be approved with issuance of an under other than honorable conditions discharge.  On 19 May 2002, 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.  On 29 May 2002, Orders 149-008, DA, Headquarters, 24th Infantry Division, Fort Riley, Kansas 66442,  discharged the applicant from the Regular Army, effective date: 31 May 2002.  

      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, and the issue he submitted, the analyst found no mitigating factors that would merit an upgrade of the applicant's discharge.  The applicant's record is void of facts and circumstances concerning the events that led to a discharge from the Army.  However, the applicant's record does contain a properly constituted DD Form 214 (Certificate of Release or Discharge from Active Duty).  This document identifies the reason and characterization of the discharge and the analyst presumed Government regularity in the discharge process.  Therefore, the analyst determined the reason for discharge and the characterization of service were both proper and equitable and recommends to the Board to deny relief. 

VII.  Summary of Army Discharge Review Board Hearing 

Type of Hearing: 			Date: 19 December 2007              
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 4    No change 1   - 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 was too harsh based on the applicant's overall length and quality of his service to include his combat service and as a result it is inequitable.  Accordingly, the Board voted to grant partial relief in the form of an upgrade of the characterization of service to general, under honorable conditions.  However, the Board determined that the reason for discharge was proper and equitable and voted not to change it.  This action entails a restoration of grade to SSG/E-6.

Case report reviewed and verified by: , 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: SSG/E-6

XI.  Certification Signature and Date
Approval Authority: 

MARK E. COLLINS
Colonel, U.S. Army
President, Army Discharge Review Board

Official: 


CHRISTINE U. MARTINSON			DATE: 21 December 2007
Lieutenant Colonel, U.S. Army
Chief, Secretary Recorder
ARMY DISCHARGE REVIEW BOARD - CASE REPORT AND DIRECTIVE