Application Receipt Date: 070808	

Prior Review    Prior Review Date: None

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

Issues: See DD Form 293 and attached documents.

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: 060920   
Chapter: 10    AR: 635-200
Reason: In Lieu Of Trial By Court-Martial
RE:     SPD: KFS
Unit/Location: A Company, 1st Battalion, 14th Infantry, 25 Infantry Division, Schofield Barracks, Hawaii 96857 

Time Lost: AWOL-2 days, from (060710-060711), apprehended by his unit, AWOL-30 days, from (060729-060818, surrendered to his unit, and again AWOL-5 days, from 060901-060905), apprehended by his unit.  The applicant was AWOL for a total of 37 days.  The applicant was placed in pre-trial confinement from (060906-060912).

Article 15s (Charges/Dates/Punishment): 060330-Wrongfully used cocaine, between on or about (060127) and (060202), (Field Grade).

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

Counseling Records Available: Yes    No 

IV.  Soldier’s Overall Record
DOB:  780402  
Current ENL Date: 050207    Current ENL Term: 4 Years  ?????
Current ENL Service: 01  Yrs, 06 Mos, 06 Days ?????
Total Service:  03 Yrs, 06 Mos, 08 Days Item 12c on DD Form 214, net active service this period is incorrect, should read 03 Yrs, 06 Mos, 08 Days.
Previous Discharges: RA-030206-05026/HD
Highest Grade: E4
Performance Ratings Available: Yes    No 
MOS: 11B10 Infantryman   GT: 63   EDU: HS Transcript   Overseas: Hawaii   Combat: Afghanistan (040324-050323)
Decorations/Awards: ARCOM, AAM, NDSM, GWOTEM, GWOTSM, ASR, OSR (2), CIB 
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 12 September 2006, the applicant was charged with AWOL x 3, from 10 July 2006 until 12 July 2006; 29 July 2006 until 19 August 2006; 1 September 2006 until 6 September 2006; and wrongfully used cocaine on or between 6 July 2006 and 12 July 2006.  On 12 September 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 submitted a statement in his own behalf.  The unit commander recommended approval of an under other than honorable conditions discharge. The senior intermediate commander recommended approval of an under other than honorable conditions discharge.  On 13 September 2006, the separation authority approved the discharge with an under other than honorable conditions discharge.  

      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 military records during the period of enlistment under review, the issues and documents he submitted, the analyst recommends that relief be denied in this case.  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 courts-martial.  In doing so, the applicant admitted guilt to the stipulated or lesser included offenses 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, the record does not support the applicant’s contention that he suffers from Post Traumatic Stress symptoms and no evidence to support it has been submitted by the applicant, that his discharge was the result of any medical condition.  Therefore, 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: 3 October 2007              
Location: Washington, DC

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 1    No change 4   - 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.
 
Case report reviewed and verified by: Mr. Kenneth McFarley, 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: 12 October 2007
Lieutenant Colonel, U.S. Army
Chief, Secretary Recorder
ARMY DISCHARGE REVIEW BOARD - CASE REPORT AND DIRECTIVE

Case Number AR20070010897

Applicant Name:  Mr.        
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