Application Receipt Date: 060814	

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 supporting documents.

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: 030424
Discharge Received:     Date: 030520   
Chapter: 10    AR: 635-200
Reason: In Lieu of Trial by Court-Martial
RE:     SPD: KFS
Unit/Location: Service Battery, 1st Battalion, 9th Field Artillery, DIVARTY, Fort Stewart, GA 31314 

Time Lost: Absent without leave for a total of 3 days (030407-030409).  Applicant was in pre-trial confinement for a total of 29 days (030410-030508).  Memorandum dated (030411) from the 3d Infantry Division (Mechanized) Artillery Rear Detachement Commander, shows also that the applicant was AWOL from (020408 -020410) and (020214-020217).

Article 15s (Charges/Dates/Punishment): Checklist for Pretrial Confinement shows applicant received a Article 15 on (020702) for Article 86 X 3, Article 112a (marijuana), Article 128 X 2 and Article 134.

Court-Martials (Charges/Dates/Punishment): Checklist for Pretrial Confinement shows applicant received a Summary Court-Martial on (020910) for Article 86 and Article 112a X 2, with a punishment of 15 days confinement.

Counseling Records Available: Yes    No 

IV.  Soldier’s Overall Record
DOB:  840107  
Current ENL Date: 010706    Current ENL Term: 03 Years  ?????
Current ENL Service: 01 Yrs, 09Mos, 13Days ?????
Total Service:  01 Yrs, 09Mos, 13Days ?????
Previous Discharges: None
Highest Grade: E1
Performance Ratings Available: Yes    No 
MOS: 82C10 (Field Artillery Surveyor)   GT: 95   EDU: GED   Overseas: None   Combat: None (Applicant states that he served in Kuwait during Operation Desert Storm, his record is void of any documents to support he served in Kuwait)
Decorations/Awards: ASR
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:
      The evidence of record shows that on 16 April 2003, the applicant was charged with failure to go at the time prescrived to his appointed place of duty X 13: (030107), X2 (030303), X 2 (030311), (030312), (030313), (030328), (030331), X 2 (030401), X 2 (030407); disobeying a lawful order from a noncommissioned officer (SSG) on or about (030407); and wrongful use of marijuana X 2 between on or about (030126) and (030226) and on or about (030407).  On 16 April 2003 , 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 veteran’s benefits.  The applicant did not submit a statement in his own behalf.  The unit commander and intermediate commander reviewed the proposed discharge action and recommended approval of the separation action with a under other than honorable conditions discharge, however, the senior intermediate commander recommended disapproval of an under other than honorable conditions discharge.  On 24 April 2003, 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 lowest enlisted pay grade.

      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, the issue and the documents 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.  Therefore, the reason for discharge and the characterization of service remains both proper and equitable.  

VII.  Summary of Army Discharge Review Board Hearing 

Type of Hearing: 			Date: 1 August 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: 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: NA

XI.  Certification Signature and Date
Approval Authority: 

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

Official: 


MARY E. SHAW				DATE: 14 August 2007
Lieutenant Colonel, U.S. Army
Chief, Secretary Recorder
ARMY DISCHARGE REVIEW BOARD - CASE REPORT AND DIRECTIVE

Case Number AR20060011657

Applicant Name:  Mr.        
______________________________________________________________________


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