Application Receipt Date: 060920	

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: 060623
Discharge Received:     Date: 060707   
Chapter: 10    AR: 635-200
Reason: In Lieu of Trial by Court-Martial
RE:     SPD: KFS
Unit/Location: Company E, 1st Brigade Combat Team, 101st Airborne Division (Assault) Rear (Provisional), 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:  841012  
Current ENL Date: 041109    Current ENL Term: 4 Years  21 Weeks
Current ENL Service: 1 Yrs, 7 Mos, 29 Days ?????
Total Service:  1 Yrs, 7 Mos, 29 Days ?????
Previous Discharges: None
Highest Grade: E3
Performance Ratings Available: Yes    No 
MOS: 11B10 Infantryman   GT: NIF   EDU: HS Grad   Overseas: Southwest Asia   Combat: Kuwait/Iraq (050920-060215)
Decorations/Awards: NDSM, GWOTSM, Iraq Campaign MDL, ASR, CIB, OSB
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 June 2006, the applicant was charged with wrongfully using cocaine between (060421-060427), wrongfully possessing marijuana on or about (060524) and as a result of wrongful previous overindulgence in intoxicating liquor or drugs, incapacitated for the proper performance of his duties (060525).  On 22 June 2006, 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 commander and intermediate commanders recommended approval of an under other than honorable conditions discharge.  On 28 June 2006, 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 Military Police Report dated (060526) 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, supporting statement and the issue he submitted, the analyst found that 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.  
      
      
      
      
      
      
      
      
      
      
      
      
      
      
      
      
      
      

VII.  Summary of Army Discharge Review Board Hearing 

Type of Hearing: 			Date: 6 June 2007              
Location: Washington, DC

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 4    No change 1   - Character
		 			      Change 0    No change 0   - 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 improper.  Accordingly, the Board voted to grant relief by changing the characterization of service to fully honorable.  However, 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. Ron Williams, 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: 

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

Official: 


MARY E. SHAW				DATE: 21 June 2007
Lieutenant Colonel, U.S. Army
Chief, Secretary Recorder
ARMY DISCHARGE REVIEW BOARD - CASE REPORT AND DIRECTIVE

Case Number AR20060013366

Applicant Name:  Mr.        
______________________________________________________________________


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