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: A Company, 1st Battalion, 61st Infantry Regiment, 4th
Training Brigade, United States Army Training Center and Fort Jackson, Fort
Jackson, SC  29207

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:
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 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: American Legion
                 ATTN: Mr. Larry Provost
                 1608 K Street NW
                 Washington, DC  20006

Witnesses/Observers: Ms. Verondia Pulliam (Friend)

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