Application Receipt Date: 060519	

Prior Review    Prior Review Date: None

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

Issues: See DD Form 293 with attachments.  

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: 920428   
Chapter: 10    AR: 635-200
Reason: For the Good of the Service
RE:     SPD: KFS
Unit/Location: Headquarters and Headquarters Troop, 6th Squadron, 16th Cavalry Regiment, 1st Armor Training Brigade, Fort Knox, KY 40121 

Time Lost: The applicant was confined for a total of 309 days; at the USA Correctional Holding Detachment, Fort Leavenworth from (910521-920324).

Article 15s (Charges/Dates/Punishment): None.

Court-Martials (Charges/Dates/Punishment): 910521, General Court-Martial-for wrongfully using marijuana on or about (901004).  Only so much of the sentence as provided for confinement for time served as of the date of the initial action (25 March 1992), forfeiture of $502.00 per month for nine months, and reduction to the grade of Private E-1 was approved and to be executed.   

Counseling Records Available: Yes    No 

IV.  Soldier’s Overall Record
DOB:  590211  
Current ENL Date: Reenl/881122    Current ENL Term: 6 Years  ?????
Current ENL Service: 2 Yrs, 7 Mos, 3 Days The applicant was placed on excess leave for a total of 32 days from (920328-920428).
Total Service:  13 Yrs, 10 Mos, 4 Days ?????
Previous Discharges: RA-770817-800811/HD
                                      USAR-800812-801013/NA
                                      RA-801014-860611/HD
                                      RA-860612-881121/HD
Highest Grade: E-6
Performance Ratings Available: Yes    No 
MOS: 19D10D3, Cavalry Scout/Bradley Fighting Vehicle Syst Repairer   GT: 86   EDU: HS Grad   Overseas: Korea   Combat: None
Decorations/Awards: ARCOM, AAM 1st OLC, GCM (4), OSR (3), ASR, NCOPDR
V.  Post-Discharge Activity
Home of Record: 
Current Address: 
Post Service Accomplishments: The applicant submitted 30 pages of additional documents outlining his employment over the past 15 years, his awards and accomplishments from various community and volunteer activities, and letters of personal reference which outline his contributions to his community.

VI.  Facts, Circumstances, and Legal Basis for Separation

      a.  Facts and Circumstances:
      Evidence of the record shows that on 9 April, 20, 21 May 1991, the applicant was tried by General Court-Martial and convicted of Charge I (conspiracy on 10 October 1990), Charge II, Specification II (wrongful distribution of cocaine on 10 October 1990), Charge II, Specification 3 (wrongful use of marijuana on 10 October 1990), and Charge IV (false swearing on 4 December 1990).  On 25 March 1992, the separation authority disapproved the findings of guilty of the Specification of Charge I and Charge I; Specifications 1 and 2 of Charge II; and the Specification of Charge IV and Charge IV, and dismissed the charges.  The finding of guilty of Specification 3 of Charge II and Charge II was approved.  Only so much of the sentence as provided for confinement for time served, forfeiture of $502.00 per month for nine months, and reduction to the grade of Private E-1 was approved and to be executed.  On 26 May 1992, pursuant to Article 69(a), UCMJ, the Department of the Army, United States Army Judiciary, Office of the Judge Advocate General, completed the appellate examination of the record of trial and disapproved the findings of guilty of the specifications of the charge for conspiracy, wrongful distribution of cocaine and false swearing, and dismissed the charges.  The finding of guilty of wrongful use of marijuana was approved.  The applicant was to be reduced to the lowest grade.  The applicant’s record is void of the complete facts and circumstances concerning the events that led to his discharge from the Army under provisions of Chapter 10, AR 635-200, for the good of the service, and the analyst presumed Government regularity in the discharge process.  On 16 April 1992, Orders 107-211, DA, HQ, US Army Armor Center, Fort Knox, KY  40121-5000, discharged the applicant from the Regular Army, effective date: 28 April 1992.  Furthermore, the analyst noted that the record contains a properly constituted DD Form 214 (Certificate of Release or Discharge from Active Duty), which the applicant was not available for signature.  His DD Form 214 indicates that he was discharged under the provisions of Chapter 10, AR 635-200, for the good of the service with a characterization of service of under other than honorable conditions.  Furthermore, the DD Form 214 shows a Separation Code of KFS (i.e., for the good of the service) with a reentry eligibility (RE) code of "3."  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 at any time after the charges are preferred, submit a request for discharge for the good of the service in lieu of trial by court martial.  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, and the issues and independent documents he submitted, the analyst found several mitigating factors that would merit an upgrade of the characterization of service to fully honorable conditions.  This recommendation was made after full consideration of his faithful and honorable service, as well as his record of misconduct.  While the applicant's misconduct is not condoned, the evidence in this case supports a conclusion that the characterization of service was too harsh, and as a result it is now inequitable.  The analyst found that the overall length and quality of the applicant's service, the time that has elapsed since his discharge, and his post service accomplishments, mitigated the discrediting entries in his service record.  However, the reason for discharge remains both proper and equitable.  
      
      
      
      

VII.  Summary of Army Discharge Review Board Hearing 

Type of Hearing: 			Date: 21 March 2007              
Location: Washintgton, D.C.

Did the Applicant Testify?  Yes     No  

Counsel: N/A

Witnesses/Observers: N/A 

Exhibits Submitted: N/A




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 and considering the analyst’s recommendation and rationale, the Board determined that the characterization of service was too harsh, and as a result it is now inequitable.  The Board determined that the length and quality of the applicant’s service, his post service accomplishments and the time that has elapsed since his 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 fully honorable.  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: Mr. John Zangas, Examiner									        
X.  Board Action Directed
No Change 
Issue a new DD Form 214  
Change Characterization to:    
Change Reason to: None
Other: None
RE Code:  
Grade Restoration:   No   Yes  Grade: None

XI.  Certification Signature and Date
Approval Authority: 

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

Official: 


MARY E. SHAW				DATE: 23 March 2007
Lieutenant Colonel, U.S. Army
Chief, Secretary Recorder
ARMY DISCHARGE REVIEW BOARD - CASE REPORT AND DIRECTIVE

Case Number AR20060007098

Applicant Name:  Mr.       
______________________________________________________________________


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