Application Receipt Date: 060831	

Prior Review    Prior Review Date: None

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

Issues: See DD Form 293 and attached 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: NIF
Discharge Received:     Date: 050908   
Chapter: 10    AR: 635-200
Reason: In Lieu Of Trial By Court-Martial
RE:     SPD: KFS
Unit/Location: Company B, 2nd Battalion, 4th Brigade Combat Team, 101st Airborne Division (Air Assault), Fort Campbell, KY 42223-5000 

Time Lost: None

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

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

Counseling Records Available: Yes    No 

IV.  Soldier’s Overall Record
DOB:   660330  
Current ENL Date: 040917    Current ENL Term: 5 Years  ?????
Current ENL Service: 00  Yrs, 11 Mos, 22 Days ?????
Total Service:  15  Yrs, 11 Mos, 16 Days ?????
Previous Discharges: USAR-850506-850515/NA
                                      ADT-850516-850927/HD
                                      USAR-850928-900102/NA
                                      RA-900103-940102/HD  
                                      ARNG-940103-960627/GD  The prior enlistment periods on the DD Form 214 does not reflect the date as shown on DA Form 4/2 (931116) for a period of 4 years.
                                      USARCG-960627-980102/NA
                                      RA-010524-030701/HD
                                      RA-030702-040916/HD  
Highest Grade: E5
Performance Ratings Available: Yes    No 
MOS: 11B10 Infantryman   GT: 104   EDU: HS Grad   Overseas: Germany   Combat: Afghanistan (011001-020315)/Kuwait/Iraq (030228-040118)
Decorations/Awards: NDSM (2), AGCM (2), AFCM, ICM, GWOTSM, ASR, OSR, OSB (3), CIB (2), VUA
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 31 May 2005, the applicant was charged with AWOL from 21 January 2005 until 24 January 2005, wrongfully use marijuana, between on or about 11 October 2004 and on or about 10 November 2004, and wrongfully use cocaine, between on or about 6 November 2004 and on or about 10 November 2004.  On 31 May 2005, 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 applicant's chain of command recommended approval of the Chapter 10 request with issuance of an under other than honorable conditions discharge.  On 23 August 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. 

         The applicant has a CID Report of Investigation dated 20 December 2004, in his Official Military Personnel File. 
      

      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 during the period of enlistment under review, the issue and documents he submitted, the characterization of service is improper.  The analyst noted that the government introduced into the discharge packet the results of a biochemical test that was part of the applicant’s Army Substance Abuse Program (ASAP) treatment plan.  This is limited use information as defined in Chapter 6, AR 600-85.  Use of this information mandates award of a fully honorable characterization of service.  Accordingly, the analyst recommends that the applicant’s characterization of service be upgraded to fully honorable.  However, the analyst found that the reason for discharge was fully supported by the record and therefore, remains both proper and equitable.  This action entails a restoration of grade to SGT/E5. 

VII.  Summary of Army Discharge Review Board Hearing 

Type of Hearing: 			Date: 26 September 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 5    No change 0   - 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 characterization of service was too harsh, and as a result it is inequitable.  The Board determined that the overall length and quality of the applicant's service; to include his combat service (two tours) 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 reason for discharge was both proper and equitable and voted not to change it.  This action entails a restoration of grade to SGT/E5.  













     

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: SGT/E5

XI.  Certification Signature and Date
Approval Authority: 

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

Official: 


CHRISTINE U. MARTINSON			DATE: 11 October 2007
Lieutenant Colonel, U.S. Army
Chief, Secretary Recorder
ARMY DISCHARGE REVIEW BOARD - CASE REPORT AND DIRECTIVE

Case Number AR20060012257

Applicant Name:  Mr.        
______________________________________________________________________


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