Application Receipt Date: 061005	

Prior Review    Prior Review Date: None

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

Issues: See applicant's 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: 060811   
Chapter: 10    AR: 635-200
Reason: In Lieu Of Trial By Court-Martial
RE:     SPD: KFS
Unit/Location: E Company, 3rd Brigade Combat Team (Rear) (Provisional), Fort Campbell, KY 42223-500 

Time Lost: AWOL-59 days from (050323-050521), apprehended by civil authorities. 

Article 15s (Charges/Dates/Punishment): 051004-Without authority, absented himself from his unit from (050323 until 050522), reduction to SPC/E4, forfeiture of $938.00 pay per month for two months, suspended to automatically remitted if not vacated before (060402), 45 days extra duty and 45 days restriction, (Field Grade).

051104-The suspension of the punishment of forfeiture of $938.00 pay per month for two months, imposed on (051004), was vacated for the offense of having received a lawful command from a CPT, willfully disobeyed the same, (051017), (Field Grade).

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

Counseling Records Available: Yes    No 

IV.  Soldier’s Overall Record
DOB:  800512  
Current ENL Date: 000211    Current ENL Term: 6 Years  ?????
Current ENL Service: 06  Yrs, 04 Mos, 02 Days The applicant was retained in service 182 days for the convenience of the government. 
Total Service:  06  Yrs, 04 Mos, 02 Days ?????
Previous Discharges: None
Highest Grade: E5
Performance Ratings Available: Yes    No 
MOS: 11B10 Infantryman   GT: 114   EDU: HS Grad   Overseas: SouthWest Asia   Combat: Afghanistan (020301-020828)/Kuwait/Iraq (030215-040215)
Decorations/Awards: ARCOM (2) AAM (2), AGCM, NDSM, ACM, ICM, GWOTSM, NCOPDRASR, OSR, OSB (3), CIB
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 22 February 2006, the applicant was charged with wrongfully used marijuana, between on or about 16 November 2005 and 16 December 2005, wrongfully used cocaine, between on or about 16 December 2005 and 19 December 2005, and unlawfully strike a PVT multiple times to his body and breaking a rib and a finger with a close fist.  On 17 May 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 applicant's chain of command recommended disapproval of the Chapter 10 request.  On 2 June 2006, the separation authority disapproved the applicant's request for discharge in lieu of trial by court-martial.  On 13 July 2006, again 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 an under other than honorable conditions discharge.  On 31 July 2006, the separation authority approved the Chapter 10 request with an under other than honorable conditions discharge.  The applicant was to be reduced to the lowest enlisted rank.
      
      Additionally, the evidence of record shows that on 8 September 2005,  the applicant was diagnosed by competent medical authority with a disorder of Axis I: Post Traumatic Stress Disorder and Alcohol Abuse; Axis II:  Diagnosis deferred, Axis III: Headaches.
      
      Subsequently on 22 February 2006, the unit commander notified the applicant that he was initiating action to separate him under the provisions of AR 635-200, Chapter 5, Section III, Paragraph 5-17, by reason of other designated physical or mental condition, with a general, under honorable conditions characterization of service.
      
      Finally on 11 July 2006, the applicant  submitted an offer to plead guilty to wrongfully used marijuana, between on or about 16 November 2005 and 16 December 2005, wrongfully used cocaine, between on or about 16 December 2005 and 19 December 2005, unlawfully strike a PVT on the head, torso, and hand with a closed fist, 17 January 2006.  The Staff Judge advocate recommended that the above charges and their specifications be tried by a General Court-Martial and that the charges be referred to trial by Court -Martial Convening Order number 2, this Headquarters, dated 31 March 2006.  All other preferred charges and their specifications be dismissed without prejudice to the Government.  The separation authority approved the recommendations of the Staff Judge Advocate.  The applicant voluntarily requested discharge under the provisions of Chapter 10, AR 635-200 in lieu of trial by court-martial.      

      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 analyst recommends that the applicant’s characterization of service be upgraded to general, under honorable conditions.  This recommendation was made after full consideration of his faithful and honorable service, as well as his record of misconduct.  The evidence in this case supports a conclusion that the applicant’s characterization of service was too harsh, and as a result it is inequitable.  While the applicant's misconduct is not condoned, the analyst found that the overall length of the applicant's service to include his combat service (two combat tours); and the medical circumstances surrounding the discharge, mitigated the discrediting entries in his service record.  However, the analyst determined that the reason for discharge was both proper and equitable.  This action entails a restoration of grade to SPC/E4.

VII.  Summary of Army Discharge Review Board Hearing 

Type of Hearing: 			Date: 26 October 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 does not condone the applicant's misconduct, however 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 combat tours), 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.  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 toSPC/E4.  

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: SPC/E4

XI.  Certification Signature and Date
Approval Authority: 

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

Official: 


CHRISTINE U. MARTINSON			DATE: 5 November 2007
Lieutenant Colonel, U.S. Army
Chief, Secretary Recorder
ARMY DISCHARGE REVIEW BOARD - CASE REPORT AND DIRECTIVE

Case Number AR20060014158

Applicant Name:  Mr.        
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