Application Receipt Date: 070518

Prior Review    Prior Review Date: 060630/Records

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: 030324
Discharge Received:     Date: 030507
Chapter: 10    AR: 635-200
Reason: In Lieu Of Trial By Court-Martial
RE:     SPD: KFS
Unit/Location: E Troop, 2nd Squadron, 2nd Armored Cavalry Regiment, Fort
Polk, LA 71459

Time Lost: AWOL- 226 days from ( 020724-030309) and AWOL-10 days from
(010713-010722), the mode of return to military control is not in the file.
 The applicant had a total of 239 days lost time.

Article 15s (Charges/Dates/Punishment): 010913 , Wrongfully used marijuana,
between on or about (010711) and on or about (010801), (Field Grade).

010802-AWOL,reduction to PVT/E1, forfeiture of $243.00, suspended, to be
automatically remitted if not vacated before (010129)), extra duty for 14
days, and restriction for 14 days (Company Grade).

The suspension of punishment of forfeiture of $243.00, imposed on (010802),
was vacated for wrongful use of marijuana, between on or about (010711) and
on or about (010801).


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

Counseling Records Available: Yes    No

IV.  Soldier’s Overall Record
DOB:  820911
Current ENL Date: 000615    Current ENL Term: 3 Years       
Current ENL Service: 02  Yrs, 02 Mos, 24 Days      
Total Service:  02  Yrs, 02 Mos, 24 Days      
Previous Discharges: None
Highest Grade: E2
Performance Ratings Available: Yes    No
MOS: 19D10 Cavalry Scout   GT: 111   EDU: GED Cert   Overseas: (Unk) Item
12f, Foreign Service on DD Form 214 shows that the applicant had 07 Mos, 16
Days of foreign service.   Combat: None
Decorations/Awards: NDSM, 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 21 March 2003, the applicant was
charged with AWOL, from (020725-030310).  On 21March 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 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 his request for discharge under the provisions of Chapter 10,
AR 635-200 in lieu of trial by court-martial with an under other than
honorable conditions discharge.   On 27 March 2003, the separation
authority approved the discharge with an under other than honorable
conditions discharge.







      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 issues and documents he
submitted, the analyst recommends that the applicant’s request for an
upgrade of his characterization of service be denied.  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.  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.  The analyst noted the applicant's
issues, even though the applicant claims that his offenses were a one time
mistake and isolated, the analyst concluded that the applicant committed
many discrediting offenses, which constituted a departure from the
standards of conduct, expected of Soldiers in the Army. Having examined all
the circumstances, the analyst determined that the applicant’s numerous
incidents of misconduct did indeed adversely affect the quality of service,
brought discredit on the Army, and was prejudicial to good order and
discipline.  These incidents of misconduct clearly diminished the quality
of the applicant’s service below that meriting a fully honorable discharge.
 Furthermore, at the time of discharge the applicant was appropriately
assigned a reentry eligibility (RE) code of “4.”  An RE code of “4” can not
be waived and the applicant is no longer eligible for reenlistment.
Therefore, the analyst determined that reason for discharge and the
characterization of service were both proper and equitable.









VII.  Summary of Army Discharge Review Board Hearing

Type of Hearing:                  Date: 5 November 2007
Location: Washington, DC

Did the Applicant Testify?  Yes     No

Counsel:      

Witnesses/Observers:      

Exhibits Submitted:      



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, hearing his testimony, and considering
the analyst’s recommendation and rationale, the Board determined that the
discharge was both proper and equitable.





















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:      
Other:      
RE Code:
Grade Restoration:   No   Yes  Grade:      

XI.  Certification Signature and Date
Approval Authority:

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

Official:


CHRISTINE U. MARTINSON            DATE:      
Lieutenant Colonel, U.S. Army
Chief, Secretary Recorder