Application Receipt Date: 070521	

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: 050714
Discharge Received:     Date: 050801   
Chapter: 10    AR: 635-200
Reason: In Lieu of Trial by Court-Martial
RE:     SPD: KFS
Unit/Location: 

Time Lost: None

Article 15s (Charges/Dates/Punishment): 050114/Disobeyed a lawful order from a senior noncommissioned officer (1SG) to report for a urinalysis/(Company Grade).

050314/Vacation of Suspension for Article 15 received on (050114), (Reduction to private first class (E-3), and forfeiture of $382.90), applicant failed to go at the time prescribed to his appointed place of duty on (050304).

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

Counseling Records Available: Yes    No 

IV.  Soldier’s Overall Record
DOB:  781006  
Current ENL Date: 031107    Current ENL Term: 03 Years       
Current ENL Service: 01 Yrs, 08Mos, 25Days      
Total Service:  06 Yrs, 02Mos, 29Days Applicant's DD Form 12e "Total Prior Inactive Service" incorrectly shows 00 yrs, mos 09, days 16, should read yrs 00, mos 10, days 29, based on applicant's period of service in the ARNG from 990909-991020 and 000512-010227).
Previous Discharges: USN-980730-981204/UNC
                                      ARNG-990908-991020/NA
                                      ADT-991021-000511/HD
                                      ARNG-000512-010227/NA
                                      RA-010228-031106/HD
Highest Grade: E4
Performance Ratings Available: Yes    No 
MOS: 92Y10 (Unit Supply Specialist)   GT: 110   EDU: HS Grad   Overseas: Korea   Combat: None
Decorations/Awards: AAM (2d Award), AGCM, NDSM, GWOTSM, KDSM, ASR, OSR
V.  Post-Discharge Activity
Home of Record: Bronx, NY
Current Address: 
United States
Post Service Accomplishments: None Listed

VI.  Facts, Circumstances, and Legal Basis for Separation

a.  Facts and Circumstances:
The evidence of record shows that on 6 July 2005, the applicant was charged with the wrongful possession of approximately 13.4 grams of marijuana, a controlled substance on or about 9 June 2005 and the wrongful use of marijuana between on or about 12 May 2005 and on or about 10 June 2005.  On 12 July 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 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 commanders reviewed the proposed discharge action and recommended approval of the separation action with a under other than honorable conditions discharge.  On 15 July 2005, 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 private/E1.

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 recommend 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 is too harsh, and as a result it is inequitable.  While the applicant's misconduct is not condoned, the analyst found that the overall length and quality of the applicant's service, 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 specialist four/E4.

VII.  Summary of Army Discharge Review Board Hearing 

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

Did the Applicant Testify?  Yes     No  

Counsel: 

Witnesses/Observers: 

Exhibits Submitted: None




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, 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: 17 August 2007
Lieutenant Colonel, U.S. Army
Chief, Secretary Recorder