Application Receipt Date: 060421	

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: NIF
Discharge Received:     Date: 030110   
Chapter: 10    AR: 635-200
Reason: In Lieu Of Trial By Court-Martial
RE:     SPD: KFS
Unit/Location: W4F0 Air Assault School FC  Fort Campbell, KY 42223-5000 

Time Lost: None

Article 15s (Charges/Dates/Punishment): NIF

Court-Martials (Charges/Dates/Punishment): NIF

Counseling Records Available: Yes    No 

IV.  Soldier’s Overall Record
DOB:  771229  
Current ENL Date: 991216    Current ENL Term: 4 Years  ?????
Current ENL Service: 03 Yrs, 00 Mos, 25 Days ?????
Total Service:  06 Yrs, 10 Mos, 05 Days ?????
Previous Discharges: RA-960306-971026/HD
                                      RA-971027-991215/HD
Highest Grade: E6
Performance Ratings Available: Yes    No 
MOS: 11B1P Infantryman/11H1P Hvy Anti Arm Wpn Infty   GT: 113   EDU: HS Grad   Overseas: None   Combat: None
Decorations/Awards: ARCOM, AAM (3), AGCM (2), NDSM, HSM, NCOPDR, ASR, EIB, PFBGE, AABGE
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:
      On 2 January 2003, the Staff Judge Advocate's memorandum indicates that the applicant was charged with two specifications of wrongful use of controlled substances (cocaine).  On 2 January 2003, the Staff Judge Advocate's memorandum indicates that the chain of command recommended approval of the applicant's request for discharge in lieu of trial by court-martial with issuance of an under other than honorable conditions discharge.  The applicant"s request for discharge under the provisions of Chapter 10, AR 635-200 in lieu of trial by court-martial is not contained in the available record and the analyst presumed Government regularity in the discharge process.  On 2 January 2003, 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 careful review of all the applicant's available military records during the period of enlistment under review, and the issue he submitted, the analyst recommends 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 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.  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: 061204              
Location: Washington, DC

Did the Applicant Testify?  Yes     No  

Counsel: Yes

Witnesses/Observers: No 

Exhibits Submitted: The applicant submitted nineteen documents is support of his personal appearance hearing.




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     No change    (Character)
		 			       	Change     No change    (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 determined that the discharge was too harsh, and as a result it is inequitable.  The Board found that the overall length and quality of the applicant's service and cirmstances surrounding the discharge mitigated the discrediting entries in his service record.  Accordingly, the Board voted to grant relief in the form of an upgrade of the characterization of service to general, under honorable conditions.  However, the Board determined that the narrative reason for discharge was both both proper and equitable and voted not to change it.  This action entails a restoration of grade to SSG/E6.      
















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: SSG/E6

XI.  Certification Signature and Date
Approval Authority: 

ROBERT L. HOUSE
Colonel, U.S. Army
President, Army Discharge Review Board

Official: 


MARY E. SHAW				DATE: 061208
Lieutenant Colonel, U.S. Army
Chief, Secretary Recorder
ARMY DISCHARGE REVIEW BOARD - CASE REPORT AND DIRECTIVE

Case Number AR20060005749

Applicant Name:  Mr.        
______________________________________________________________________


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