Application Receipt Date: 060526	

Prior Review    Prior Review Date: None

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

Issues: See DD Form 293, with attachments.  The applicant stated in essence that his deployment to Iraq and subsequent combat injuries resulted in extensive treatment and disability, for which he was returned to CONUS for extended treatment.  He further stated that once he returned to the rear detachment of his unit, he was depressed about his physical injuries and used a controlled substance.  He expresses remorse for his actions and wishes to receive an upgrade so that he can receive the treatment he needs for his injuries. 

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: 051128
Discharge Received:     Date: 060104   
Chapter: 10    AR: 635-200
Reason: In Lieu of Trial by Court-Martial
RE:     SPD: KFS
Unit/Location: Rear Detachment, 92d Engineers Battalion, fort Stewart, GA 31314 

Time Lost: None

Article 15s (Charges/Dates/Punishment): 050126-wrongfully used marijuana, amphetamine, methamphetamine and d-methamphetamine on or between (041010-041111)/Field Grade.

2nd Article 15:  050313-wrongfully used marijuana, amphetamine, methamphetamine and d-methamphetamine on or between (041226-050127)/Field Grade.

Supplementary Artilce 15 action:  The vacation of the suspended reduction to Pvt/E-1 was remitted on (050126).

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

Counseling Records Available: Yes    No 

IV.  Soldier’s Overall Record
DOB:  820412  
Current ENL Date: 021119    Current ENL Term: 4 Years  ?????
Current ENL Service: 3 Yrs, 1 Mos, 16 Days ?????
Total Service:  3 Yrs, 1 Mos, 16 Days ?????
Previous Discharges: None
Highest Grade: E-3
Performance Ratings Available: Yes    No 
MOS: 21E10, Heavy Construction Equipment Opr   GT: 97   EDU: HS Grad   Overseas: Southwest Asia   Combat: Kuwait/Iraq (050130-050601)
Decorations/Awards: Purple Heart, ARCOM, AAM, NDSM, KDSM, ASR, CAB, GWOTSM
V.  Post-Discharge Activity
Home of Record: 
Current Address: 
Post Service Accomplishments: Letter of personal reference, police report, job history description.

VI.  Facts, Circumstances, and Legal Basis for Separation

      a.  Facts and Circumstances:
      The evidence of record shows that on 28 November 2005, the applicant was charged with wrongfully using methamphetamine between (050922-050926).              On 15 December 1995, 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 and intermediate commanders recommended approval of an under other than honorable conditions discharge.  On 19 December 2005, 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.
      
      CID Report of Investigation, dated 7 November 2005.
      
      CID Report of Investigation, dated 5 January 2005.

      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 issue he submitted, the analyst found several mitigating factors that would merit an upgrade of the characterization of service to fully Honorable and a change of the narrative reason to Secretarial Authority.  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 discharge is inequitable.  The analyst found that the overall length and quality of the applicant's service, to include his combat service, and the medical circumstances surrounding his discharge, mitigated the discrediting entries in his service record.  Moreover, the applicant received the Purple Heart as a result of wounds he suffered in combat while serving in Operation Iraqi Freedom.  This action does not entail a change to the reentry eligibility (RE) code; however, the Board can consider it.
      
      
      
      
      
      
      
      
      
      
      
      
      
      
      

VII.  Summary of Army Discharge Review Board Hearing 

Type of Hearing: 			Date: 5 February 2007              
Location: Washington, 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, hearing his testimony, and considering the analyst’s recommendation and rationale, the Board determined that the characterization was too harsh and as a result it is inequitable.  The Board found that the overall length and quality of the applicant's service, to include his combat service, mitigated the discrediting entries in his service record.  Accordingly, the Board voted to grant partial relief in the form of an upgrade of the characterization of service to general, under honorable conditions.  





















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: ?????

XI.  Certification Signature and Date
Approval Authority: 

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

Official: 


MARY E. SHAW				DATE: 9 February 2007
Lieutenant Colonel, U.S. Army
Chief, Secretary Recorder
ARMY DISCHARGE REVIEW BOARD - CASE REPORT AND DIRECTIVE

Case Number AR20060007488

Applicant Name:  Mr.        
______________________________________________________________________


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