Application Receipt Date: 060503
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 support document.
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: 040211
Chapter: 10 AR: 635-200
Reason: In Lieu of Trial by Court-Martial
RE: SPD: KFS
Unit/Location: Headquarters and Service Company, 86th Combat Support Hospital, Fort Campbell, KY
Time Lost: None
Article 15s (Charges/Dates/Punishment): No Article 15's were found in the record, however the applicant does make reference to having received a summarized Article 15 and a company grade Article 15 in his attached statement.
Court-Martials (Charges/Dates/Punishment): None
Counseling Records Available: Yes No
IV. Soldiers Overall Record
DOB: 830616
Current ENL Date: 020326 Current ENL Term: 03 Years (DD Form 214 incorrectly show's enlistment date as 011002)
Current ENL Service: 01 Yrs, 10Mos, 16Days ?????
Total Service: 03 Yrs, 00Mos, 24Days ?????
Previous Discharges: USAR-010118-010131/NA
ADT-010201-010725/UNC
USAR-010726-020325/HD
Highest Grade: E3
Performance Ratings Available: Yes No
MOS: 92A10 (Automated Logistical Specialist) GT: 93 EDU: GED Overseas: Iraq Combat: Kuwait (030302-030617)
Decorations/Awards: NDSM, ASR
V. Post-Discharge Activity
Home of Record:
Post Service Accomplishments: None Listed
VI. Facts, Circumstances, and Legal Basis for Separation
a. Facts and Circumstances:
The evidence of record shows that the applicant was charged with the wrongful use of marijuana between on or about 3 October 2003 and on or about 3 November 2003. On 12 January 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 a under other than honorable conditions discharge and that the discharge would have a significant effect on eligibility for veterans benefits. The applicant did not submit a statement in his own behalf. On 8 February 2004, the separation authority waived further rehabilitative efforts and directed that the applicant be discharged with a characterization of service of under other than honorable conditions and that he be reduced to the grade of private E-1.
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 individuals 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 applicants military records, and the independent evidence he submitted, the analyst found several mitigating factors that would warrant an upgrade of the characterization of service to general, under honorable conditions. This recommendation was made after full consideration of his faithful and honorable service, as well as his record of misconduct. The evidence in this case supports a conclusion that the applicants characterization of service was too harsh, and as a result it is inequitable. The analyst determined that the overall length of the applicant's service to include his combat service, mitigated the discrediting entry in his service record. However, the reason for discharge was both proper and equitable. This action entails a restoration of grade to private first class/E3.
VII. Summary of Army Discharge Review Board Hearing
Type of Hearing: Date: 18 April 2007
Location: Chicago, IL
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 No change (Character)
Change No change (Reason)
(Board member names available upon request)
IX. Board Discussion, Determination, and Recommendation
After carefully examining the applicants record of service during the period of enlistment under review, hearing his testimony and considering the analysts recommendation and rationale, the Board determined that the characterization of service was too harsh, 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.. The Board determined that the reason for discharge was both proper and equitable, and voted not to change it. This action does entail a restoration of grade to private first class/E3.
Case report reviewed and verified by: Eric S. Moore, 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: E3
XI. Certification Signature and Date
Approval Authority:
MARK E. COLLINS
Colonel, U.S. Army
President, Army Discharge Review Board
Official:
MARY E. SHAW DATE: 8 May 2007
Lieutenant Colonel, U.S. Army
Chief, Secretary Recorder
ARMY DISCHARGE REVIEW BOARD - CASE REPORT AND DIRECTIVE
Case Number AR20060006362
Applicant Name: Mr.
______________________________________________________________________
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