Application Receipt Date: 070912	

Prior Review    Prior Review Date: None

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

Issues: See applicant's attached DD Form 293 and letter of support.

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: 040224
Discharge Received:     Date: 040303   
Chapter: 10    AR: 635-200
Reason: In Lieu of Trial by Court-Martial
RE:     SPD: NIF
Unit/Location: US Army, 2145th Garrison Support Unit, Fort Benning, GA, mobilized under the 318th Chemical Company, Fort Bragg, NC  28310 

Time Lost: Absent without leave for a total of 240 days (030623-040217).  Applicant surrendered to military authorities at Fort Benning, GA, and was transferred to Fort Knox, KY.

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: 030124/OAD    Current ENL Term: 365 Days  The applicant's DD Form 214 Item 12a "Date Entered AD This Period" incorrectly shows date as: year 2003, months 01, days 23, should read years 2003, months 01, days 24, information is based on orders dated (030116) found in the applicant's available record.
Current ENL Service: 00 Yrs, 05Mos, 15Days ?????
Total Service:  04 Yrs, 07Mos, 16Days The applicant's DD Form 214 for the period under review does not account for the period of active service from (011127-021114), which would give the applicant a total of 01 years, 04 months, and 03 days of Prior Active Service.  Also, the Total Prior Inactive Service should read 02 years, 09 months, and 28 days, not 03 years, 09 months, and 15 days, as found on the current DD Form 214. 
Previous Discharges: USAR-981123-990106/NA
                                      ADT-990107-990521/HD
                                      USAR-990522-011126/NA
                                      OAD-011127-021114/HD
                                      USAR-021115-030123/NA
                                      Concurrent Service
Highest Grade: E3
Performance Ratings Available: Yes    No 
MOS: 74D10 (Chemical Operations Specialist)   GT: NIF   EDU: NIF   Overseas: None   Combat: None
Decorations/Awards: NDSM, AFRM (1st Hourglass Device), ASR
V.  Post-Discharge Activity
Home of Record: 
Current Address: 
Post Service Accomplishments: The applicant states that he is attending Alcoholic Anonymous and Narcotics Anonymous meeting.

VI.  Facts, Circumstances, and Legal Basis for Separation

      a.  Facts and Circumstances:
      The evidence of record shows that on 23 February 2004, the applicant was charged with AWOL from 23 June 2003 until 18 February 2004.  On 23 February 2004, 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 reviewed the proposed discharge action and recommended approval of the separation action with an under other than honorable conditions discharge.  On 25 Feberuary 2004, 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.

      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, document, and the issue he submitted, the analyst found no mitigating factors that would merit an upgrade of the applicant's discharge.  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 offenses under the UCMJ.  The analyst noted that 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 that prior to requesting discharge.  Furthermore, the analyst noted the applicant's issue and determined that the applicant had many legitimate avenues through which to obtain assistance or relief, without committing the misconduct, which led to the separation action under review.  In view of the foregoing, 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: 26 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 0    No change 5   - 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: , 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: NA

XI.  Certification Signature and Date
Approval Authority: 

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

Official: 
CHRISTINE U. MARTINSON			DATE: 2 November 2007
Lieutenant Colonel, U.S. Army
Chief, Secretary Recorder
ARMY DISCHARGE REVIEW BOARD - CASE REPORT AND DIRECTIVE