Application Receipt Date: 070126	

Prior Review    Prior Review Date: None

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

Issues: See DD Form 293.

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: 011130
Discharge Received:     Date: 020201   
Chapter: 10    AR: 635-200
Reason: In Lieu Of Trial By Court-Martial
RE:     SPD: KFS
Unit/Location: HHC, 2nd Battalion, 69th Armor Brigade, 3rd Infantry Divison (Mechanized), Fort Benning, GA 31905 

Time Lost: AWOL-37 days, from (010808-011222), based on the documentation in the applicant's file, (Article 15, DA Form 4187, and memo dated 011012); also, the applicant was placed in pre-trial confinement, see memos dated, (011025) and (011031).   

Article 15s (Charges/Dates/Punishment): 010913-AWOL from (010808-010913), (Company Grade).

010723-Wrongfully used marijuana x 2, between or or about (010120) and (010220), and between on or about (010408) and (010520), (Field Grade).

010213-Without authority, absented himself from his place of duty, (00127), the continuation sheet is not part of the available record, (Company Grade). 

Court-Martials (Charges/Dates/Punishment): None

Counseling Records Available: Yes    No 

IV.  Soldier’s Overall Record
DOB:   
Current ENL Date: 980721    Current ENL Term: 4 Years  ?????
Current ENL Service: 03  Yrs, 01 Mos, 26 Days ?????
Total Service:  03  Yrs, 01 Mos, 26 Days ?????
Previous Discharges: None
Highest Grade: E4
Performance Ratings Available: Yes    No 
MOS: 91G10 Behavioral Science Spec   GT: 109   EDU: HS Grad   Overseas: Korea   Combat: None
Decorations/Awards: ASR, OSR 
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 evidence of record shows that on 15 November 2001, the applicant was charged with wrongful distribution of marijuana, on or about 28 September 2001, wrongfully possess approximately one gram of marijuana x 2, on or about 28 September 2001 and on or about 24 October 2001, wrongfully used marijuana x 2, on or about 28 September 2001 and between on or about 23 October 2001 and and on or about 24 October 2001, and having been restricted by a person authorized to do so, did on divers occasions, break said restriction.  On 26 November 2001, 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.  The intermediate and senior intermediate commanders recommended approval of an under other than honorable conditions discharge, and forwarded the separation action to the approving authority.  However, the separation authority's documentation approving the applicant's discharge with an under other than honorable conditions discharge is not part of the available record and the analyst presumes Government regularity in the discharge process.  Evidence of record shows that on 23 January 2002, DA, HQ, United States Army Infantry Center, Fort Benning, GA, Orders 023-2206 discharged the applicant from the Regular Army, effective date: 29 January 2002. 
      
      The applicant has CID Report of Investigation dated 29 October 2001, in his Official Military Personnel File.

      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 and the issue 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.  Furthermore, at the time of discharge the applicant was appropriately assigned a reentry eligibility (RE) code of “4.”  An RE code of “4” can not be waived and the applicant is no longer eligible for reenlistment.  The analyst determined that the reason for discharge and the characterization of service were both proper and equitable. 
      
VII.  Summary of Army Discharge Review Board Hearing 

Type of Hearing: 			Date: 19 September 2007              
Location: Washington, DC

Did the Applicant Testify?  Yes     No  

Counsel: Yes [redacted]

Witnesses/Observers: Yes father

Exhibits Submitted: None

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, hearing his testimony, and considering the analyst’s recommendation and rationale, the Board does not condone the applicant’s misconduct; however, determined that the characterization of service was too harsh, and as a result it is now inequitable.  The Board found that the overall length of the applicant’s service  and his post service accomplishments, 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.  However, the Board determined that the reason for discharge was both proper and equitable and voted not to change it. 

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: 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: 

CHRISTINE U. MARTINSON			DATE: 24 September 2007
Lieutenant Colonel, U.S. Army
Chief, Secretary Recorder
ARMY DISCHARGE REVIEW BOARD - CASE REPORT AND DIRECTIVE